New protection against sexual harassment

The Worker Protection Act that was passed last year comes into effect on 26 October, introducing a new proactive obligation on employers to take preventative steps to eliminate workplace sexual harassment.

UNISON Denbighshire have been working with DCC HR and other unions to update the council’s policies to ensure we get the full benefits from the changes in the law.

Under the Equality Act 2010, employers are liable for sexual harassment committed by their workers in the course of their employment, unless they can show that they took all reasonable steps to prevent the harassment.

This liability is further strengthened by the introduction of the Worker Protection Act, which is an amendment to the Equality Act 2010.

Although the Worker Protection Act does not include liability for third party harassment, employers will still be expected to take ‘reasonable steps’ to prevent sexual harassment by any perpetrator, including third parties such as patients, customers, clients, service users, contractors and members of the public.

The exclusion of the third-party harassment provisions from the act means that there is still significant work to do to make what has been introduced effective.

UNISON will continue campaigning to strengthen the law further to ensure everyone is protected and has access to justice.

The union’s guidance, Sexual harassment is a workplace issue, has been updated to include the new Worker Protection Act. The new guidance is available via the online catalogue (stock no 4167) and can also be downloaded from the UNISON website.

If you experience harassment or any other issue in the workplace get in contact with your local UNISON branch.