New legislation across the UK makes employers liable for harassment of their staff, cast and crew by third parties. In force since last Friday, the law requires employers to take “all reasonable steps” to prevent harassment, and allows claims to be made up to six months after an incident. It forms part of the Employment Rights Act and applies across industries.
UK production companies and studios have been updating their harassment policies ahead of the change. The new rules could make a production company or studio liable when cast or crew are harassed during a production by someone outside the project, such as an agent or a person encountered on location.
Elizabeth Peyton-Jones, head of The Talent Trust, said employers can no longer argue that they have no control over other people’s conduct. She said their duty of care extends beyond the set. However, producers and industry groups are still seeking clarity about where that responsibility begins and ends.
One unresolved example is a wrap party attended by people who did not work on the production. Peyton-Jones said companies should have a way for workers to raise concerns, including after filming has ended. Deadline reported that at least one large production company includes wrap parties, late-night work and hotel stays in its risk assessments. Other scenarios raised by industry participants include harassment during street interviews, on transport to or from a set, and while crew members accompany third parties during filming.
Max Rumney, deputy CEO of producer trade body Pact, said members remain unsure about how far the duty extends. Pact’s legal team has urged members to review their anti-harassment and bullying policies. ScreenSkills has also updated the relevant module in its training passport, according to the report.
Detailed government guidance is not expected until early 2027. The Department for Business, Innovation, Science and Trade and the Department for Digital, Culture, Media and Sport have been engaging with the industry, including through meetings and webinars, but have not provided specific examples of when an employer would be liable.
The change also raises practical questions for smaller production companies, some of which operate without HR departments or are set up for a single project before being dissolved. An incident reported months after a production ends could therefore leave questions about which company is responsible. One HR executive at a major production company said contractual terms for future productions had been updated to account for the new rules.
Industry figures contacted for the report did not expect the law to immediately produce a surge in complaints. Peyton-Jones said reluctance to speak up remains an issue for the freelance-heavy workforce. Talent Trust research has previously found that 40% of respondents did not feel respected or treated with dignity on a production, while 76% did not feel able to raise concerns without fearing unfair consequences.
Sources: Deadline.