In any workplace preventing sexual harassment isn’t just the right thing to do – it’s a legal responsibility. As of October 2024, the Worker Protection Act introduced a new proactive legal duty on employers to take reasonable steps to prevent sexual harassment at work. But this duty shouldn’t be seen as a tick-box exercise. It’s about creating a safe, respectful environment where everyone can thrive – especially in care, where personal interactions are the norm.

To give you a hand, the experts at our partner Citation are here to break down your duties and how you can comply.

What is sexual harassment?

Sexual harassment means unwanted behaviour of a sexual nature, for example unwelcome sexual advances, comments, jokes and gestures, that makes someone feel intimidated, degraded or humiliated. It can happen between colleagues or between managers and staff. Plus, even though the legislation doesn’t yet specifically cover third parties, the Equality and Human Rights Commission (‘EHRC’) guidance clarifies that you should also be taking reasonable steps to stop sexual harassment between employees and third parties like service users or visitors.

Proactive steps every care provider should take

1. Strengthen your policies

Make sure your anti-harassment policy is clear, accessible and up to date. It should include:

• That harassment (including sexual harassment) is unlawful
• What behaviour counts as harassment, including third party harassment
• How staff can report concerns
• What support and procedures are in place if reports are made

2. Carry out regular risk assessments

Look for any situations that might put staff at greater risk – such as working alone, power imbalances or high-stress environments. Cover interactions with any external parties (like visitors or service users) as well.

3. Train your team

Ongoing training helps staff understand what constitutes harassment and what to do if it occurs. Tailor sessions to your care setting and include guidance for managers on how to respond to reports effectively and sensitively. Refresh this training regularly to keep the knowledge front of mind.

4. Encourage openness

Foster a culture of respect and where people feel safe to speak up. Anonymous surveys, regular one-to-ones and an open-door policy can all help staff feel heard and supported – and make sure your staff know that their concerns will be taken seriously and handled confidentially.

5. Review and monitor 

Policies aren’t a ‘set and forget’. Regularly review how effective your reporting and response processes are, and record incidents to spot patterns or gaps in protection. If you do spot gaps, make sure you update your policies and processes to address them.

You’ll also need to keep an eye on developments in this area. The Employment Rights Bill is working its way through Parliament and makes some big changes. Under its proposals, employers will have to take all reasonable steps to stop sexual harassment happening. Plus employees will be able to bring a legal claim if they suffer any kind of harassment by a third party. 

Why does it matter? 

If harassment isn’t properly tackled, you could face tribunal claims and reputational damage. With the EHRC empowered to take enforcement action, care businesses that don’t take the right steps could face penalties – including a potential 25% uplift in compensation at Tribunal.

Citation – here to help. 

For more detail about your duty to prevent sexual harassment, read our full guide here, or check out our full risk assessment template. As a partner of the West Midlands Care Association, we know about the unique challenges care businesses face on a day-to-day basis. We’re here to take Health & Safety and HR & Employment Law off your plate, so you can get back to what you do best. If you’d like to have a chat about how we can help, call 0345 844 1111 or click here and don’t forget to quote ‘WMCA’ to access your preferential rates.