Violence and Harassment Convention, 2019 (No. 190) - United Kingdom of Great Britain and Northern Ireland (Ratification: 2022)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the Government’s first report.

The Committee further notes the observations jointly made by the Associated Society of Locomotive Engineers and Firemen (ASLEF), the National Union of Rail, Maritime and Transport Workers (RMT), the Transport Salaried Staffs’ Association (TSSA), UNITE the Union, and the International Transport Workers’ Federation (ITF), to which the former are affiliated; received on 12 September 2024. The Committee requests the Government to communicate its comments in this regard.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. The Committee notes that the Government refers, in its report, to the protection from harassment provided by the Protection from Harassment Act 1997 and the Equality Act 2010 (Section 26) in relation “to a protected characteristic”. The Committee recalls that Article 1(1) of the Convention sets out a definition of violence and harassment, including gender-based violence and harassment, that includes behaviours, practices and threats against all persons, men and women, and covers violence and harassment regardless of whether it is based on grounds of discrimination. As regards violence, the Committee notes the Government’s indication that: (1) the Public Order Act 1986 is not specifically applicable to the workplace but can cover situations in the workplace (including fear or provocation of violence (intentionally) under section 4, and harassment, alarm or distress under sections 4A and 5); and (2) despite the fact that the health and safety legislation does not define violence and/or harassment, the Health and Safety Executive (HSE, which is Britain’s national regulator for workplace health and safety) defines work-related violence as “any incident in which a person is abused, threatened or assaulted in circumstances relating to their work”. In this regard, the Committee recalls that, according to Articles 1(2) and 7 of the Convention, the definitions of violence and harassment must be contained in national laws and regulations. Finally, the Committee notes that Article 8(2B) and (2C) of the Sex Discrimination (Northern Ireland) Order 1976 provides protection to the woman that has been subject to harassment by a third party in the course of her employment on several occasions. The Committee recalls that Article 1(1)(a) of the Convention provides that instances of violence and harassment can be “single occurrences” or “repeated” and that both cases must be covered by-laws and regulations, and that includes violence and harassment by third parties. The Committee asks the Government to provide information on: (i) how harassment that is not based on protected characteristics (discriminatory grounds) is covered by national laws and regulations; (ii) any cases of violence in the world of work that have been examined under the Public Order Act 1986, the sanctions imposed and remedies granted; and (iii) measures taken or envisaged to ensure that instances of violence and harassment by third parties are covered, even in the case of a single occurrence.

Articles 2 and 3. Scope of application. Persons and sectors covered. The Committee notes the Government’s indication that the Equality Act 2010 protects those “in employment” from unlawful conduct such as discrimination, harassment and victimization and that the definition of “employment” is broad and includes a variety of working and contractual arrangements. It notes, however, the Government’s statement that the Public Order Act 1986 (which covers issues of violence, including at work) does not apply to domestic workers, nor does the health and safety legislation. The Committee asks the Government to provide information on: (i) how domestic workers are protected, in law and in practice, from violence at work; and (ii) how the laws and regulations protect workers, whatever their contractual status, persons in training, jobseekers and applicants, persons exercising the authority, duties or responsibilities of an employer, volunteers and workers whose employment has been terminated, against violence and harassment in the world of work.

Scope of application. Territorial scope. The Committee notes the Government’s indication that the Equality Act 2010, the Protection from Harassment Act 1997, the Stalking Protection Act 2019 and Part 2 of the Sexual Offences Act 2003 do not provide for any “territorial” restrictions, but that, as the Public Order Act 1986 does not cover individuals working in private dwellings, individuals working from home or participating in online calls with others working from home are not covered. The Committee also notes the observations filed by ITF and some of its affiliated organizations in relation to implementation gaps for workers in the transport sector, especially with regard to sanitation and commuting (Article 3(b) and (f) of the Convention). They: (1) claim that limited access to decent and secure sanitation affects not only transport workers’ health and dignity, but also increases the risk of experiencing violence and harassment at work (as shown by reports filed), an issue that the Government should consider in its plan for the effective implementation of the Convention; and (2) request that the Government work with employers and put regulations, measures and guidance in place to ensure that employers recognize that there are steps they can, and must, take to consider their workers’ commutes, incorporate this into risk assessments and collaborate with unions and worker representatives on this issue. With regard to commuting, the Committee also notes the Government’s indication that the health and safety legislation applies to all work-related journeys or trips, such as those made by delivery drivers to customers’ homes, but does not apply to commuting. The Committee asks the Government to provide information on the provisions which cover violence and harassment in all the circumstances mentioned in Article 3(a) to (f).

Article 4. Inclusive, integrated and gender-responsive approach. The Committee notes the Government’s indication that, through the passing of the Worker Protection (Amendment of Equality Act 2010) Act 2023, it has strengthened protections for employees against workplace sexual harassment (insertion of a Section 40A for this purpose) and that it is committed to extending theses protections to interns and volunteers. The Committee requests the Government to provide information on measures taken or envisaged in order to: (i) introduce provisions similar to those of Section 40A of the Equality Act 2010 but covering harassment that is not of a sexual nature; and (ii) extend theprotection against workplace harassment, including sexual harassment, to interns and volunteers.

As regards devolved Governments (i.e. Northern Ireland, Scotland and Wales), the Committee notes that the information provided in the Government’s report is almost exclusively focused on violence and harassment against women or gender-based violence and harassment. It recalls that the Convention requires an approach that is inclusive, i.e. that covers all types of violence and harassment. The Committee also notes that, under the Violence Against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015, and the ensuing Strategy 2022–2026, the Welsh Government has established a joint working initiative called the VAWDASV Blueprint. This has created a new shared governance structure, with joint ownership across devolved and non-devolved public bodies, also in partnership with the private. The purpose of the workstream on workplace harassment (one of six) is to develop a common approach to eliminate workplace harassment, including sexual harassment and other forms of gender-based harassment towards women and girls, in all workplaces across Wales. The Committee requests the Government to provide information on the measures taken under the 2022–2026 Strategy and the framework of the Violence Against Women, Domestic Abuse and Sexual Violence Blueprint initiative in Wales and the results achieved.

The Committee also requests the Government to provide information on measures adopted, covering the whole of the United Kingdom, to take into account violence and harassment in the world of work that involves third parties both as victims and perpetrators (beyond the Sex Discrimination (Northern Ireland) Order 1976 which envisages the third party only as perpetrator and requires acts to be repeated to engage the responsibility of the employer).

Article 8(a) and (c). Appropriate prevention measures. Informal economy workers. The Committee notes the Government’s indication that the authorities, such as the Gangmasters and Labour Abuse Authority (GLAA), His Majesty Revenue and Customs (HMRC), and the Director of Labour Market Enforcement (DLME), address violence and harassment in the informal economy through various means, including tackling modern slavery and labour exploitation, using regulatory frameworks, and leveraging helplines to report abuse. The Committee requests the Government to provide available information on: (i) the number of cases of violence and harassment against informal workers that have been brought to the attention of the authorities, as well as the protection measures and the sanctions adopted in this regard; and (ii) the measures taken or planned for the prevention of violence against informal workers, including those aimed at preventing violence and harassment by the public authorities.

Article 8(b) and (c). Appropriate prevention measures. Sectors, occupations and work arrangements more exposed to violence and harassment. The Committee takes note of the “Violence at Work Statistics, 2023/24 Survey” published by the HSE. and the detailed statistics it contains. The Committee also notes that ITF and some of its affiliated organizations report that the transport sector is particularly at risk and that its specificities require dedicated prevention and protection measures. According to another survey, carried out in November 2023 by RMT and transmitted in its observations: 70 per cent of women public transport workers indicated they had experienced workplace violence in the last year (two thirds when they were working alone); 40 per cent of women public transport workers indicated they had been sexually harassed in the last year (but 70 per cent of them did not report the incidents, mostly because they did not think their complaint would be taken seriously); and only 40 per cent of the members said they feel safe at work. The Committee appreciates the information provided. It trusts that, based on the surveys already conducted and those that will continue to be developed – in consultation with the workers’ and employers’ organizations concerned – it will be possible to continue identifying the sectors or occupations and work arrangements in which workers and other persons concerned are most exposed to violence and harassment. The Committee asks the Government to provide information in this regard as well as on any appropriate measures adopted to provide the necessary protection.

Article 9. Responsibilities of employers. The Committee notes that the Government refers to the Equality Act 2010 (Section 40 forbids employers to harass employees and applicants) and its 2023 amendments (Section 40A on employers’ duty to prevent sexual harassment of employees), as well as the Health and Safety at Work etc. Act, 1974 (which places a legal duty on employers to ensure, so far as reasonably practicable, the health, safety, and welfare of workers, including protecting them from work-related violence). The Committee notes that Sections 40 and 40A are applicable to England, Scotland and Wales and that amendments to the Sex Discrimination (Northern Ireland) Order 1976 would be necessary to maintain parity with the United Kingdom and to ensure that the new requirements upon employers to tackle sexual harassment also apply in Northern Ireland. In addition, as underlined by ITF and its affiliates, proactive obligation of employers to take reasonable steps to “prevent” harassment is limited to sexual harassment and does not cover all forms of violence and harassment (for example related to disability, belief or age, nor where it relates to sex or gender). The Committee asks the Government to provide information on the proactive obligation of employers to prevent harassment that is not of a sexual nature, as well as on the measures taken or envisaged to cover violence as well as harassment. It also asks the Government to provide information regarding these obligations in Northern Ireland.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. Easy access to appropriate and effective remedies.Noting the wide range of existing procedures for different cases of violence and harassment, the Committee requests the Government to provide information on: (i) the measures taken to provide clear, simplified and accessible information to employers and workers on the various reporting and dispute resolution claims and mechanisms available; and (ii) how it is ensured that complaint and dispute resolution mechanisms, support, services and remedies offered to victims of gender-based violence and harassment in the world of work are gender-responsive, safe and effective.

Article 10(c). Privacy and confidentiality. The Committee notes the information provided by the Government on measures and legal provisions adopted to protect the privacy of individuals involved, including victims and alleged perpetrators, and to ensure confidentiality. It welcomes the inclusion, in the Employment Rights Bill, of language aiming at voiding non-disclosure agreements (NDAs) used against workers who have been subjected to – or witness of – harassment, including sexual harassment, or discrimination in the workplace. The Committee asks the Government to provide information on the status of the Employment Rights Bill and, more specifically, on the amendments concerning the ban on using non-disclosure agreements to silence workers about abuses at work.

Article 10(f). Domestic violence. The Committee notes that the issue of domestic violence in general, and its effects on the world of work in particular, are well-covered by various legislation and other measures in the United Kingdom, including through guidance to employers and workers on the subject. It also notes, with interest, the adoption of the Domestic Abuse (Safe Leave) Act (Northern Ireland) 2022 which requires the Department for the Economy to make regulations entitling a worker to at least ten days in each leave year for the purpose of dealing with issues related to domestic abuse. On the other hand, it notes that the Domestic Abuse Act adopted in 2021, which only covers England and Wales, does not refer to the effects of such violence on the world of work, The Committee also notes that, in Scotland and Wales, measures adopted against domestic violence only target women. The Committee requests the Government to provide information on: (i) the progress made towards the adoption of the regulations foreseen in the Domestic Abuse (Safe Leave) Act (Northern Ireland) 2022; and (ii) any measures taken or envisaged to recognize the effects of domestic violence on all workers, not only on women, in England, Scotland and Wales.

Article 11(b) and (c). Guidance, training tools and awareness-raising campaigns. The Committee notes the guidance, training and awareness-raising tools produced for employers and workers through the Employers Initiative on Domestic Abuse (EIDA), the Employers Domestic Abuse Covenant (EDAC), and by Public Health England and the HSE, Business in the Community (BITC), the Equality and Human Rights Commission (EHRC), ACAS, and some trade unions. It notes, however, that the Government does not mention any specific guidance or training aimed at labour inspectors or judges. While noting the existence of guidance and training tools for employers and workers in the public and private sectors, the Committee requests the Government to provide information on any new developments in this regard.