Understanding the Worker Protection Act and Its Impact on Sexual Harassment Prevention
Sexual harassment in the workplace has been illegal for decades, yet it remains a serious issue. The UK government has recognised that the existing laws were not enough to protect employees and is now taking a more proactive approach with the Worker Protection Act.
This Act amends the Equality Act 2010 and introduces a new legal duty for employers to take reasonable steps to prevent sexual harassment before it happens, rather than simply responding after an incident has occurred.
Failure to comply could lead to significant legal and financial consequences, including tribunal claims and compensation increases of up to 25% for failing to meet the new duty.
For businesses, this means that sexual harassment training is no longer optional—it is a vital part of compliance. This guide will break down the key aspects of the Act and how employers can ensure compliance through training and policy updates.
Why Was the Worker Protection Act Introduced?
Despite legal protections, workplace sexual harassment continues to be a widespread issue.
- A BBC study found that 40% of women and 18% of men have experienced workplace sexual harassment.
- The Equality and Human Rights Commission (EHRC) reported in 2018 that 75% of people surveyed had been sexually harassed at work.
The government’s response was to introduce the Worker Protection Act, which strengthens the Equality Act 2010 by placing an active responsibility on employers to prevent harassment rather than waiting for incidents to occur.
The Act reverses the 2013 repeal of previous provisions that made employers liable for third-party harassment (such as harassment by clients or customers), but without the previous “three strikes” rule. Now, a single incident can be enough to hold an employer accountable.
Key Compliance Requirements Under the Worker Protection Act
The Worker Protection Act, came into effect on the 26th October 2024, and requires employers to actively work towards preventing sexual harassment in the workplace.
1. New Employer Duty to Prevent Sexual Harassment
Under the Act, employers must take reasonable steps to prevent sexual harassment from happening in the workplace.
2. Liability for Workplace Harassment
- Employers will be liable if they fail to prevent harassment, regardless of whether it comes from colleagues, managers, or third parties.
- Employees no longer need to experience multiple instances of harassment before an employer is held accountable.
3. Increased Risk of Compensation Claims
- If an employer is found to have failed in their duty, tribunals can increase compensation by up to 25% for employees affected by harassment.
4. Stronger Enforcement by Regulators
- The Equality and Human Rights Commission (EHRC) will update its guidance and Code of Practice before the Act comes into force, helping businesses understand their obligations.
How Employers Can Ensure Compliance with the Worker Protection Act
To comply with the new law and create a safer workplace, businesses must take proactive steps to prevent harassment.
1. Implement a Sexual Harassment Training Programme
The best way to ensure compliance is to provide sexual harassment training to employees and managers. A sexual harassment training course should cover:
- What constitutes sexual harassment under the Equality Act 2010
- Employee rights and responsibilities
- Employer obligations under the Worker Protection Act
- How to report and respond to incidents
- Steps to build a positive workplace culture
2. Update Workplace Policies and Procedures
Employers must review and revise workplace policies to reflect the new legal duty. This includes:
- Updating anti-harassment policies to include preventative measures
- Ensuring clear reporting mechanisms for employees
- Providing guidance on third-party harassment and client interactions
3. Encourage a Positive Workplace Culture
Sexual harassment prevention goes beyond policies, it requires cultural change. Employers should:
- Foster open communication and zero-tolerance policies
- Encourage bystander intervention and supportive leadership
- Ensure employees feel safe and empowered to report concerns
4. Prepare for Regulatory Changes
Employers should keep up to date on the EHRC guidance and Employment Code of Practice. This will provide further clarity on compliance expectations.
5. Conduct Regular Risk Assessments
Employers must actively assess workplace risks and adjust policies and training accordingly. This includes:
- Identifying high-risk areas where harassment may occur
- Reviewing company grievance procedures to ensure complaints are handled effectively
- Regularly reassessing training needs and updating content based on new developments
Why Sexual Harassment Training is Now Essential
Sexual harassment training is no longer just a best practice, it is a legal necessity. Under the Worker Protection Act, businesses that fail to train their employees risk legal liability and financial penalties.
A sexual harassment training course helps businesses:
- Meet legal compliance requirements
- Protect employees from harm and misconduct
- Reduce the risk of tribunal claims and compensation payouts
- Create a safer and more inclusive workplace
Businesses should act now to ensure their teams are trained.
Next Steps: Ensuring Your Business is Prepared
With the Worker Protection Act now in force, businesses must act now to update policies, train employees, and build a safer work environment.
Key Actions for Employers:
- Enrol employees in a preventing sexual harassment training course to ensure compliance
- Update workplace policies to align with the new legal requirements
- Monitor regulatory updates, including the EHRC guidance
- Create a culture of prevention, ensuring all employees understand their role in stopping harassment
The new legal duty to prevent harassment is a significant change that will shape workplace policies for years to come. Investing in sexual harassment training today will protect your business from legal risks while ensuring a safe and respectful work environment.
Would you like to learn more about our sexual harassment training course? Get in touch today to ensure your organisation is fully prepared for the Worker Protection Act.
Training your team
For more information on the Worker Protection Act and workplace harassment laws, explore our University endorsed online course here.
By taking action now, businesses can create safer, more inclusive workplaces while staying compliant with the new legal requirements.
