The Legal Landscape Has Changed

The introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023 represents one of the most significant updates to UK workplace discrimination laws in over a decade.

Since coming into force on 26th October 2024, it has fundamentally changed how employers must approach workplace harassment prevention.

Yet many organisations still struggle to put its requirements into practice, or aren't clear on what the Act actually means for them. Awareness has improved, but turning legal duties into everyday policies remains a challenge - leaving employers open to compliance risks and penalties.

How prepared is your organisation for the Worker Protection Act 2023?

Fully compliant with all requirements
Aware but still implementing changes
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Why has the Worker Protection Act Been Introduced?

The statistics behind this legislation reveal the stark reality of workplace harassment in the UK. A key catalyst was the 2018 report by the Women and Equalities Select Committee (WESC) which exposed the scale of sexual harassment faced by UK workers, particularly women.

This report revealed that 40% of women had experienced sexual harassment in the workplace at some point in their careers. This ranged from displays of pornographic material and unwelcome jokes or comments of a sexual nature to serious sexual assaults.

More recent TUC research shows that half of all women have experienced workplace sexual harassment, with this figure rising to seven in ten for disabled women and LGBT+ workers.

Most concerningly, four out of five workers who experience harassment don't report it to their employer. Many fear repercussions for their careers, lack safe reporting routes, or feel constrained by workplace power dynamics that leave them feeling as though they have little choice but to endure the harassment or leave their jobs.

1/2

of all women have experienced workplace sexual harassment

7/10

disabled women and LGBT+ workers have experienced workplace sexual harassment

4/5

workers who experience harassment don't report it to their employer

What Does This Change Mean?

Sarah Valentine

Partner & Assistant Coroner at Eversheds Sutherland

This legislation represents a fundamental shift in how employers must approach workplace sexual harassment — moving from a reactive attitude to a proactive one.

Organisations are now under a new legal duty to take “reasonable steps” to prevent sexual harassment. If they fail to do so, tribunals can increase compensation by up to 25%.

However, as Sarah Valentine, Partner & Assistant Coroner at Eversheds Sutherland explains,

The term 'reasonable steps' is not defined in the Worker Protection (Amendment of Equality Act 2010) Act 2023, so it should be interpreted using its ordinary, common-sense meaning. What is considered 'reasonable' depends on factors relevant to each workplace and employer."

She explains that guidance from ACAS suggests reasonable steps could include:

developing a clear policy on sexual harassment,
training managers on their responsibilities, and
creating safe environments where employees feel comfortable reporting incidents

“Employers must first assess the risk of sexual harassment in their organisation, identify steps to reduce this risk, and determine if those steps are reasonable. If the risk is high, implementing a policy and training managers may be deemed reasonable."

This new “preventative duty” puts the onus on employers to act before harassment occurs, a significant change from previous legal obligations that focused largely on how organisations responded after an incident.

Key Changes

The legislation strengthens existing protections by:

Making it a legal requirement for employers to take reasonable steps to protect employees from sexual harassment at work
Clarifying that this duty applies beyond the office, including when employees are working remotely, off-site, or attending work-related social events
Giving employment tribunals the power to increase compensation by up to 25% where an employer is found to have breached this duty
Enabling the Equality and Human Rights Commission (EHRC) to take enforcement action against employers regardless of whether a harassment incident has occurred

Notably, while earlier versions of the bill included provisions on third-party harassment (by clients or customers), these were removed from the final Act. However, this remains a key concern, and White Ribbon UK is actively campaigning for the Government to extend the Act to cover those working with third parties.

What This Means for Third-Party Harassment

While the Act specifically addresses sexual harassment from colleagues, employers still have duties regarding third-party harassment.

Sarah Valentine explains: "Employers have a duty under the 2024 Act to take reasonable steps to prevent sexual harassment of their employees from third parties. This means considering the risk to employees and taking reasonable steps to act on it.

“However, there are no requirements for employers to prevent third-party harassment (not sexual). Although employees could still bring a claim for any failure of an employer to respond to complaints of third-party harassment through indirect discrimination claims or otherwise, depending on the circumstances.”

She adds: "Changes are also expected to be made to employer responsibilities by way of the Employment Rights Bill which will impact the responsibilities employers have with regards to third-party harassment."

This means employers should take a comprehensive approach to harassment prevention rather than focusing soley on sexual harassment between colleagues. Customer-facing industries face specific challenges, as employees may experience various forms of harassment from clients or customers that require appropriate response, even if not legally mandated.