The Employment Rights Bill, moving through Parliament, builds on the Worker Protection Act from October 2024. For FE colleges, training providers and employers with apprentices, these laws mean taking a hard look at how we keep learners safe in all sorts of workplaces.
The Worker Protection Act kicked in last October, demanding that employers take “reasonable steps” to stop sexual harassment.
Tribunals could increase compensation by 25 per cent if it is found employers failed to act when an allegation was made.
The laws were generally welcomed, but also criticised for dodging issues such as third-party harassment from customers or visitors. Also, the term “reasonable steps” left wiggle room.
Now, the Employment Rights Bill wants employers to take all reasonable steps – which is a tougher ask. It’s also adding whistleblowing protections for anyone reporting sexual harassment, whether it’s happened, is happening, or might happen, with the Equality and Human Rights Commission (EHRC) potentially stepping in.
There’s more. A private member’s bill, the Health and Safety at Work Act 1974 (amendment) Bill, was recently tabled. If it passes, it’ll add another duty to prevent workplace harassment – especially sexual harassment – with training, risk assessments, and policies to stamp it out.
This overlaps with what employers should already be doing since October, but now, if they slip up, the Health and Safety Executive (HSE) could impose criminal penalties and unlimited fines, not just the EHRC’s 25 per cent tribunal uplift.
What laws mean for FE
This hits home for the FE and skills sector. Apprentices – often young, new to the workplace, and scattered across shops, offices, hospitality, building sites and more – are smack in the middle of this.
Yes, employers carry the main legal duty, but colleges and training providers aren’t off the hook. They’ve got a legal responsibility under the Keeping Children Safe in Education rules to safeguard learners, and for those over 19 welfare duties remain.
“All reasonable steps” means employers need solid training, risk assessments and proper reporting systems – not just a policy.
In customer-facing roles such as care, hospitality and retail, that could mean displaying signs and presenting explicit staff rules to address potential customer or visitor misconduct.
Providers have legal responsibilities too – they are accountable for assessing risks and acting if apprentices face harassment from colleagues or others.
Providers need to ensure apprentices know what sexual harassment is, what their rights are, and how to speak up. With whistleblowing in the mix, they might turn to their provider as well as their employer.
If, say, an apprentice in a warehouse reports sexual harassment from a colleague, a provider’s duty means working with the employer to fix it. An app such as SaferSpace could help, giving apprentices a quick, private way to flag issues so they can be addressed.
Checking employers across lots of professions takes effort and resources, and reputation is is always a worry – something I see daily in my job.
Scandals at McDonald’s, where over 700 workers, all under 19, are taking legal action over sexual harassment claims, highlight the risks. Some of those involved are apprentices, reinforcing the need for robust protections.
Employers are being warned by the Equality and Human Rights Commission to take immediate action or they could face regulatory intervention.
Abuse allegations involving former Harrods owner Mohamed Al-Fayed underline how fast trust can crumble.
With level 2 apprenticeship starts at their lowest in four years, any whiff of unsafe placements could make recruitment worse.
But there’s a chance to get ahead – stronger inductions, tighter employer agreements, and regular, focused checks could make apprenticeships safer.
That the EHRC and HSE are watching raises the pressure – fudge a risk assessment or miss a placement problem and they’ll want answers.
Employers need to understand this too. These stricter rules and whistleblowing present an opportunity to build better workplaces.
Neither bill is law yet, so now’s the time to get ahead. Create stronger inductions, clear policies and proper training before the law forces it.
Employers, share your sexual harassment policies. Providers, step up with additional training if required. Because when the rules change, no one wants to be playing catch-up.
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