How do the Harassment laws impact contractors working on our clients’ sites,

The new Worker Protection (amendment of Equality Act 2010) Equality Act 2023 introduces apreventative duty for employers to take reasonable steps to prevent sexual harassment in the workplace. This includes harassment from both employees and third parties such as contractors. As business owners, you have a responsibility to take reasonable steps to prevent sexual harassment from incurring on your client sites. 

This includes:

• Developing and implementing a clear anti-harassment policy. This policy should outline whatconstitutes sexual harassment, how to report it, what steps will be taken to investigate and resolvecomplaints.

• Providing training to all employees and contractors on sexual harassment. This training shouldcover the definition of sexual harassment in the company’s anti-harassment policy and how to reportincidents.

• Taking steps to prevent sexual harassment from incurring; this could include implementingmeasures such as:-a) Creating a culture of respect and inclusionb) Having clear reporting procedures in placec) Taking prompt and appropriate action to investigate & resolve complaintsd) Ensuring that all employees and contractors are aware of their rights and responsibilities underthe law.

• It is important to note that the new law does not make employers vicariously liable for the actionsof third parties. However, if you fail to take reasonable steps to prevent sexual harassment fromoccurring on your client sites, you could still be held liable if a contractor is found to have sexually harassed an employee.

• It is therefore important to work closely with your contractors to ensure that they are aware oftheir responsibilities under the new law, and that they are taking steps to prevent sexual harassmentfrom occurring. You will also want to consider clauses in the contracts that you issue contractors that require them to comply with your anti-harassment policy and to take reasonable steps to prevent sexual harassment from occurring.

• By taking these steps you can create a safe and respectful workplace for all employees and contractors.