Care employers across England, Scotland and Wales now have stronger legal duties to prevent workplace harassment. A care-sector review published on 7 November draws attention to changes that took effect on 30 October. Employers must take all reasonable steps to prevent sexual harassment of workers. They can also be liable for harassment by third parties if they failed to take all reasonable steps to prevent it.
Third parties can include patients, service users, relatives, visitors, contractors and members of the public. The third-party protection covers sexual harassment and harassment linked to relevant protected characteristics, including disability, race, religion or belief, sex and sexual orientation. Northern Ireland is outside these Equality Act changes because equality law is devolved there; employers should follow Northern Ireland’s separate framework.
This is an effective legal change, not a consultation or a promise for later. The Equality and Human Rights Commission says prevention should be based on real risks. Its examples include risk assessments, behaviour-based training, safe reporting routes, de-escalation training and avoiding lone working where possible. Acas also advises employers to record why a possible step was judged unreasonable. A policy filed neatly beside the fire procedure is not, by itself, a prevention system.
Care providers should now map where workers face third parties: home visits, night shifts, transport, communal areas, agency placements and online contact all deserve attention. Review incident records and staff feedback, then update risk assessments, staffing arrangements, contracts, training and reporting routes. Make sure agency workers know how to report concerns and who will act. The law does not require employers to prevent every unexpected incident. It does require every reasonable preventative step, judged against the organisation’s actual risks and resources. Keep the evidence, test whether measures work and revisit them when people, settings or patterns change.