Supporting women in the workplace – further developing legal obligations and duties

Ahead of International Women’s Day on 8th March, employment partner at law firm TLT Charlie Rae, examines some legal developments to obligations employers have towards their female workers.

While a gender imbalance in the pub and bar sector has been improving, and recent developments in employment laws will help to address issues faced by women working in the sector, there is still a long way to go towards equality.  However, changes with the recent Worker Protection Act and introduction of the Employment Rights Bill are important developments that managers and owners of pub and bar businesses need to be familiar with.

Duty to prevent sexual harassment

Sexual harassment remains a scourge to the hospitality sector, particularly in customer facing roles.  It is a problem that disproportionately impacts women. 40% of women have experienced some kind of sexual harassment, in comparison to 18% of men. According to a study by Drinkaware, close to two-thirds (63%) of female respondents had personally experienced inappropriate sexual behaviour in pubs, bars or clubs. Considering that 60% of the workforce in the hospitality sector is female (a figure that rises further when looking at more junior roles), it is clearly a widespread problem.

Since October 2024, employers have faced an obligation to be proactive by taking reasonable steps to prevent sexual harassment in the workplace, under the Worker Protection Act 2023. If you fail to do so and your staff are subject to sexual harassment whether by colleagues or third parties, then you could face liability. Some examples of good practices could includeregular reviews of anti-harassment policies, training for staff and management on responding to harassment and clear channels for reporting incidents. 

TLT has explored the duty to prevent sexual harassment in further detail: Updated EHRC guidance published on the new duty to prevent sexual harassment - TLT LLP

Employment Rights Bill

The much-discussed Employment Rights Bill, further detail of which will be revealed this year, is also likely to bring forward new obligations for employers regarding support for women in the workplace. For example, it is likely to further strengthen the existing duty to prevent sexual harassment, protect against dismissal for pregnant women and new mothers, and mandate menopause support plans for large employers.

Additionally, it may take steps to improve the gender-pay gap that has remained stubbornly present. Although the pay gap has narrowed in recent years, research from 2022 showed that 71% of female hospitality workers had considered leaving the sector due to low pay and lack of opportunities. The Equality Act 2010 mandates equal pay for equal work, and there is a requirement for some employers to publish gender pay gap information, but the new Bill may go further and compel employers to be more proactive with reviewing their pay structures and publishing gender equality ‘actions plans’.

Although the Bill will not be in force for some time, we recommend that pubs and bars engage positively with upcoming consultations and aim to get ‘ahead of the curve’ on any new laws.

Conclusion

When it comes to protecting and supporting female employees in your pub or bar, and complying with new regulations, proactivity and listening are paramount. It’s important that you are constantly assessing, reviewing and updating your workplace policies and practices to ensure women in your workforce feel safe and supported. Doing so will help protect you, your employees and your reputation.

Q&A

Q. My venue has repeatedly been subject to theft/shoplifting. What legal rights/powers do I have to prevent this?

To prevent theft at your venue, you can install CCTV, have a security guard present, and greet customers as they enter the venue, so thieves are aware that you are paying attention. You should also keep a record of where inside your venue the thefts tend to happen and consider whether any adjustments need to be made in these areas, for example, further surveillance or placing more staff in these areas.

If you do see someone committing theft, you can approach them and ask them to put the item back. Remember, only engage if you feel safe to do so. If you have security guards at your venue, you should inform them of the incident. Security guards are able to search people if they have their consent and can make a citizen’s arrest whilst you wait for the police arrive. Once you’re sure someone is a thief, call 999.

My venue is at risk of flooding and I would like to make alterations to the structure of the building to increase resilience – what permissions would I need for this?

Internal alterations to your building don’t require planning permission but may require building regulation approval.  If your building is listed, internal alterations will almost certainly require listed building consent.  External alterations may require planning permission depending on what you are proposing and will require listed building consent if the building is listed. Pubs do not have permitted development rights so most development will require planning permission. However, depending on what you are intending on, it is possible this may not constitute development, such as changing the surface of an existing car park area to a more permeable surface. Your best option is to discuss what you are proposing with your local planning authority before you do any works.

This article was first published in Pub & Bar.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at February 2025. Specific advice should be sought for specific cases. For more information see our terms & conditions.