#MeToo, ILO Convention 190, and Effective Regulation to Tackle Workplace Harassment: The Contribution of the Employment Rights Act 2025 to Remedying Gaps in Protection
本文分析英国2025年《就业权利法》中关于骚扰的条款在多大程度上弥补了现有保护空白，并对比南非和澳大利亚的改革，指出该法虽将职场骚扰视为结构性问题，但在个人适用范围和健康安全路径上仍有不足。
Abstract The impetus towards improving mechanisms to address harassment at work has become increasingly salient in recent years, with the #MeToo movement highlighting systematic power dynamics underlying sexual harassment and the ILO’s Convention 190, adopted in 2019, mandating an effective and inclusive approach to tackling violence and harassment. The existing framework for addressing workplace harassment in Britain has been criticised for lacking a proactive and preventative approach or redress for harassment by third parties, as well as obstacles to victims speaking out about their experiences. This article examines the extent to which the provisions on harassment at ss20-24 of the Employment Rights Act 2025 (‘ERA 2025’) remedy the identified gaps in protection, including with reference to unsuccessful amendments during the parliamentary process, and comparative analysis of recent reforms in South Africa and Australia. It argues that the ERA 2025 amendments represent much needed steps towards treating workplace harassment as a structural issue requiring a proactive response, albeit subject to details yet to be determined in Regulations. The article also identifies certain areas where the ERA 2025 reforms have not gone far enough to resolve deficiencies in protection, including regarding personal scope and the lack of a clear health and safety-based approach.