Worker Protection (Amendment of Equality Act 2010) Act 2023
Workplace culture and compliance underwent a foundational shift with the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023. Having come into force on 26 October 2024, the Act mandated that employers had to take "reasonable steps" to prevent sexual harassment of their employees in the course of their employment. This shifted the focus from a historically reactive approach to a proactive obligation, requiring employers to create a safe working environment and anticipate risks before incidents occurred.
What are your responsibilities under the Worker Protection Act?
According to guidance from the Equality and Human Rights Commission (EHRC), fulfilling this duty involves several practical responsibilities:
Conducting risk assessments: You must proactively evaluate your workplace to identify specific risks and scenarios where sexual harassment might occur. The EHRC warns that it is highly unlikely an employer will be considered compliant with the duty without having carried out a thorough risk assessment.
Developing effective policies: You are responsible for creating, regularly updating, and clearly communicating an anti-harassment policy that defines unacceptable behaviour, outlines reporting procedures, and details the consequences of violations.
Providing meaningful training: You must ensure that all workers receive regular training on how to recognise and report sexual harassment, and that managers receive specific training on how to handle complaints effectively.
Establishing reporting mechanisms: You need to implement accessible and confidential channels for employees to report harassment, which could include offering anonymous reporting options or designating "Safe Space Champions".
Preventing Third-Party harassment: Even though the Act itself does not explicitly make you liable for third-party harassment, the EHRC guidance makes it clear that your preventative duty extends to taking reasonable steps to protect your staff from being harassed by customers, clients, patients, or suppliers.
Taking immediate action: When a complaint is made, you are responsible for acting promptly to investigate the matter, resolve the complaint in line with the victim's preferences where possible, and ensure the behaviour does not happen again.
Monitoring and evaluating: Compliance is an ongoing responsibility. You must continuously monitor the effectiveness of the steps you have taken by reviewing complaint trends, conducting staff surveys, and updating your approach as your workplace evolves.
Consequences of failing your responsibilities
If your organisation fails to take reasonable steps to prevent sexual harassment, an employment tribunal can uplift any compensation awarded to a successful claimant by up to 25%. Additionally, the EHRC has the power to take direct enforcement action against your business, which can include launching formal investigations, issuing unlawful act notices, or seeking court injunctions, even if no individual employee has brought a tribunal claim.
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Resources & toolkits
Practical guidance, templates, and support materials designed to help you improve reporting culture, strengthen processes, and meet expectations of the Worker Protection Act. Explore the full library here.
Employers Guide to the Worker Protection Act
The Worker Protection Act 2023 is now in force, strengthening employer responsibility to actively prevent sexual harassment in the workplace. This guide explains what the Worker Protection Act requires in practice, where organisations continue to fall short, and what “good” now looks like under the law.
On-demand webinar: Navigating Workplace Sexual Harassment & The Worker Protection Act
Deepen your understanding of workplace sexual harassment as we guide you through the key changes under the Worker Protection Act 2023. We share real-world examples of UK sexual harassment cases and highlight risk factors identified by tribunals that may be present in your own workplace.
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FAQs
Questions about The Worker Protection Act? We've got answers.
The Worker Protection Act 2024 introduced a new preventative duty requiring employers to take reasonable steps to prevent sexual harassment in the workplace. This represents a shift from responding to incidents after they occur towards actively considering how risks can be reduced before harm happens. It strengthens employer responsibility under the Equality Act 2010 framework.
The Worker Protection Act applies to all UK employers, regardless of size or sector. It covers employees in the course of their employment and places responsibility on organisations to consider how workplace environments, behaviours, and processes may contribute to the risk of sexual harassment.
Compliance is not based on a single requirement but on whether an employer can demonstrate that reasonable preventative steps were taken in the circumstances. Tribunals and regulators may consider policies, training, reporting routes, handling of complaints, and whether risks were identified and addressed appropriately.
Organisations can strengthen prevention by focusing on visibility of risk, clarity of reporting routes, and consistency in handling concerns. This includes ensuring employees know how to speak up, that concerns are taken seriously, and that issues are addressed appropriately.
Culture Shift helps organisations operationalise prevention by providing tools for secure reporting, structured case management, and visibility of workplace risk trends. This supports organisations in evidencing that they are taking reasonable steps to identify, manage, and respond to concerns in a consistent and transparent way.
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