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The Worker Protection Act 2023 places a live legal duty on every UK employer to actively prevent sexual harassment at work — and the rules are about to get stricter.
What is the Worker Protection (Amendment of Equality Act 2010) Act 2023?
The Worker Protection Act 2023 is an amendment to the Equality Act 2010, introduced to strengthen protections against sexual harassment in the workplace. It received Royal Assent in October 2023 and came into force on 26 October 2024.
The Act creates a new positive, proactive duty for employers to take ‘reasonable steps’ to prevent sexual harassment of their employees. This is a significant shift: the law no longer simply asks what happened after an incident — it asks what you did to prevent it from happening in the first place.
Enforcement sits with the Equality and Human Rights Commission (EHRC), which updated its technical guidance in September 2024 to help employers understand what ‘reasonable steps’ looks like in practice.
What changed from the original Equality Act 2010?
Under the Equality Act 2010, employers could defend a sexual harassment claim by demonstrating they had taken ‘all reasonable steps’ to prevent it. That defence applied after the fact.
The Worker Protection Act 2023 changes the dynamic entirely. It introduces an anticipatory duty — meaning employers must assess risk and take preventive action continuously, not reactively. Waiting for an incident to occur before acting is no longer sufficient.
The Act also gives the EHRC powers to investigate and enforce compliance independently of any individual claim. An employer can face regulatory action even where no harassment claim has been brought.
What does the Worker Protection Act mean for employers right now?
AEvery UK employer is now legally required to take reasonable steps to prevent sexual harassment in their workplace. The EHRC’s updated guidance makes clear that ‘reasonable steps’ is not a tick-box exercise. It involves:
- Conducting regular risk assessments specific to your workplace and workforce
- Developing and communicating a clear anti-harassment policy
- Providing training for employees at all levels, including managers and senior leaders
- Creating safe, confidential channels through which concerns can be raised
- Ensuring complaints are handled promptly, impartially, and seriously
- Actively addressing sexist or discriminatory behaviour before it escalates
The appropriate steps will vary depending on the size of your organisation, your sector, and the nature of the working environment. The EHRC expects a targeted, risk-based approach — not a one-size-fits-all response.
What are the financial implications of the act?
The financial exposure is considerable and operates on two levels.
Where an employee brings a successful sexual harassment claim at employment tribunal, the tribunal must consider whether the employer met its preventive duty. If it finds the duty was breached, it can increase the compensation award by up to 25%. There is no cap on discrimination compensation, so the uplift can be substantial.
Separately, the EHRC can take enforcement action against employers where there is evidence of systemic failure — regardless of whether a tribunal claim has been brought. This can result in binding agreements, mandatory policy changes, compulsory training requirements, and potential fines.
What is changing next: the Employment Rights Act 2025
The Worker Protection Act 2023 is not the final word on sexual harassment law. The Employment Rights Act 2025, which received Royal Assent on 18 December 2025, significantly strengthens the existing duty.
Key changes coming into effect from October 2026 include:
- The employer duty will be upgraded from ‘reasonable steps’ to ‘all reasonable steps’ — a materially higher standard
- Employers will be liable for third-party harassment by customers, clients, contractors, and other non-employees, covering all protected characteristics — not just sex
- Specific regulations will follow in 2027 to define what constitutes ‘all reasonable steps’ in practice
In addition, from April 2026, whistleblowing legislation will be amended so that an employee reporting sexual harassment — that has occurred, is occurring, or is likely to occur — will be making a protected disclosure under PIDA. This means such reports will carry full whistleblower protections, including protection from dismissal and detriment.
For organisations that handle whistleblowing reports, this change has direct operational implications.
How can organisations demonstrate they have taken ‘reasonable steps’ to protect employees?
Implement an independent whistleblowing hotline
The EHRC guidance is explicit that providing a confidential reporting channel is a key component of a reasonable steps defence. Employees must have a safe, independent route to raise concerns — particularly where the alleged perpetrator is a manager or senior figure.
Safecall’s independent whistleblowing hotline provides exactly that. Reports are taken by experienced, trained call handlers — not AI voice agents — ensuring every concern is handled with the care and sensitivity it deserves.
Find out more about Safecall’s whistleblowing solutions
Ensure investigations are impartial and competent
Receiving a report is only the beginning. How it is investigated matters as much as the reporting process itself. Internal investigations of sexual harassment allegations carry inherent risks — conflict of interest, lack of experience, and perceived unfairness can all undermine outcomes.
Safecall’s investigation services provide fully outsourced, impartial workplace investigations conducted by former senior UK police officers. We also offer critical friend case analysis, impartial witness interviewing, and desktop reviews for organisations managing investigations internally.
Find out more about Safecall’s investigation services
Train employees and managers — and document it
Training is one of the most visible demonstrations of reasonable steps. The EHRC guidance recommends training that is specific, regular, and attended at all levels of the organisation — including the board.
Safecall offers CPD-accredited Tackling Sexual Harassment training for employees and managers, available online and on-site. Training should be refreshed regularly, and records of attendance should be maintained as evidence of compliance.
What does the rise in enforcement activity tell us?
Since the Act came into force in October 2024, enquiries to Acas about sexual harassment have risen by almost 40%. EHRC enforcement activity is increasing, with a particular focus on high-profile employers. Cases are beginning to work their way through the employment tribunal system.
This is not a compliance area where organisations can afford to wait. With the Employment Rights Act 2025 raising the standard further from October 2026, the window to build robust, evidenced processes is now.
Frequently asked questions about the Worker Protection Act 2023
Can an employee bring a standalone claim for breach of the preventive duty? No. The preventive duty cannot be claimed independently. It is considered by a tribunal only where a sexual harassment claim has already been established. However, the EHRC can take enforcement action independently of any individual claim.
Does the Act cover harassment by customers or contractors? Not yet under current law. Third-party harassment liability is being introduced through the Employment Rights Act 2025, with effect from October 2026.
Does the Act cover harassment related to other protected characteristics? No. The Worker Protection Act 2023 applies specifically to sexual harassment. However, the Employment Rights Act 2025 will extend third-party harassment liability to all protected characteristics from October 2026.
When does reporting sexual harassment become a protected disclosure? From April 2026, under amendments to PIDA introduced by the Employment Rights Act 2025, an employee who reports that sexual harassment has occurred, is occurring, or is likely to occur will be making a protected disclosure.
What does ‘reasonable steps’ actually mean? The EHRC published updated technical guidance in September 2024. Reasonable steps are assessed in context — factors include the size of your organisation, your sector, the nature of your workforce, and the likelihood and types of third-party contact your employees have. A risk assessment approach is expected, not a generic policy.
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