| 13 November 2024
The Worker Protection Act (WPA) is a law that requires employers to take reasonable steps to prevent sexual harassment in the workplace. The WPA came into effect on 26 October 2024 and is an amendment to the Equality Act 2010.
What is sexual harassment in the workplace?
Sexual harassment in the workplace is unwanted behaviour of a sexual nature that creates a hostile, intimidating, or offensive environment. Sexual harassment can take many forms. Some examples include:
- Verbal – making sexual jokes and comments, asking inappropriate questions about a person’s sexual preferences, sending unsolicited sexual messages and using offensive language related to someone’s gender or sexuality.
- Physical – unwanted physical contact such as nonconsensual touching of the face and body. This also includes invasion of private space, like standing too close to someone and making them uncomfortable.
- Non-verbal – making sexually suggestive gestures and expressions, staring or leering, displaying and sharing sexually explicit images, videos or materials.
Steve Russell, Chief Delivery Officer and Senior Responsible Officer for Domestic Abuse and Sexual Violence, NHS England stated “The collective findings from the NHS Sexual Safety Charter and NHS Staff Survey reveal 58,000 staff reported unwarranted sexual approaches from patients or other members of the public last year – that’s 1 in every 12 NHS workers. 1 in 26 reported experiencing similar harassment from work colleagues (Sexual safety in the NHS: survey results and update on charter implementation, 12 April 2024). This demonstrates the breadth of the problem and calls upon respective employers not only in the NHS, but in the wider healthcare sector, to take responsibility for preventing sexual harassment in their organisations.”
What are some of the experiences healthcare workers have spoken about?
Experiences shared by healthcare workers were captured by respondents of UNISON’s 2024 survey of NHS staff, and highlight the damaging impact sexual harassment can have on an individual.
“A senior doctor used to take advantage when I was in one of the consulting rooms on my own by invading my space, hugging, kissing, touching in a sexual way, despite constant requests for them to stop. I did not feel confident to raise these assaults with anyone senior.” Midwife, Yorkshire and Humberside.
“A work colleague is constantly messaging me, booking on to the same shifts as me and making sexual advances. I tried to avoid working with him, but he was relentless.” Emergency care assistant, South West.
“Sometimes what is deemed banter or jokes are a little too strong and go too far.” Admin worker, East of England.
What is an employer’s legal responsibility to prevent sexual harassment?
As of 26 October 2024, a new amendment to the Equality Act 2010 requires all employers to take reasonable steps to prevent sexual harassment in the workplace. Sexual harassment includes any unwanted conduct of a sexual nature.
If an employer fails to prevent sexual harassment, it’s considered an unlawful act. This can be enforced by the Equality and Human Rights Commission (EHRC) or through an employment tribunal, which may also award compensation to affected employees.
Steps to preventing sexual harassment
The Equality and Human Rights Commission (EHRC) has published a new 8-step employer guide and updated technical guidance about the new duty.
The 8 steps are:
- Develop an effective anti-harassment policy
- Engage your staff
- Assess and take steps to reduce risk in your workplace
- Reporting
- Training
- What to do when a harassment complaint is made
- Dealing with harassment by third parties
- Monitor and evaluate your actions.
Despite being a well-known problem, it can be hard for some people to spot sexual harassment when it’s happening or know what to do when they do see it.
Skills for Health offer a tailored eLearning course that explores the definitions of sexual harassment, information on what to do if you have witnessed it, and what organisations should do to prevent a culture of sexual harassment from taking hold.