Zarah ChoudharyThe Worker Protection Act, which passed last year, comes into effect on 26th October, introducing a proactive obligation on employers to take preventative steps to eliminate workplace sexual harassment.
UNISON union worked with the TUC and the Fawcett Society in support of this private member’s bill from Wera Hobhouse MP.
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.
If a tribunal finds the employer has failed to take steps to protect its workers, it will be able to order them to pay a 25% uplift to any award of compensation for sexual harassment.
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.
Bukky Akinwale, national women’s officer at UNISON, said: “Despite years of campaigning and fighting against sexual harassment, it is still shockingly prevalent in many workplaces.
“Employers should strive to provide an equal and safe working environment where all workers are free from sexual harassment.
“UNISON will continue to campaign and fight for a safe working environment for all its members.”
