One year on: Has the Worker Protection Act delivered?
On 26 October 2024, the Worker Protection Act 2023 came into effect, amending the Equality Act 2010 to introduce a new proactive duty for employers: to take reasonable steps to prevent sexual harassment in the workplace.
A year later, organisations must assess how far they’ve come, and how much further they still need to go. Failure to demonstrate proactive prevention could now result in a 25% uplift in compensation awarded at tribunal, significantly increasing the potential cost of non-compliance.
A recent People Management article also highlighted the ongoing challenge for HR teams. 54% of HR professionals say they’re concerned their organisation hasn’t done enough to meet their legal obligations under the Worker Protection Act. Meanwhile, Acas reported a 39% increase in sexual harassment enquiries in just the first half of this year.
We’re already seeing high profile cases on the increase, and with the backlog of tribunal claims, we’re probably sitting on a tidal wave of harassment cases as employees become more aware of their rights and of further protections to come in the Employment Rights Bill (ERB). This is not something that organisations can afford to get wrong.
The first anniversary of the Act is more than a legal milestone. It’s a moment for reflection and renewed action.
A changing legal landscape
The pace of change shows no signs of slowing. The timeline for the upcoming ERB indicates that the harassment legislation will into force in April 2026, and will raise expectations further. Employers will be required to take “ALL reasonable steps” to prevent harassment, not only from colleagues but also from third parties such as clients, contractors and suppliers.
At the same time, an amendment to the ERB will ban the use of NDAs and confidentiality clauses that seek to silence victims of harassment or discrimination. This will empower employees to speak openly about their experiences and hold organisations accountable for their culture.
These developments send a clear message: compliance alone is no longer enough. Organisations must embed respect and safety into everyday behaviour, ensuring every employee knows their rights and every leader understands their responsibilities.
Workplace sexual harassment remains widespread
Despite the strengthened legal duties, evidence suggests sexual harassment remains a significant problem in UK workplaces.
A Unite survey of 300,000 workers revealed that:
- 25% had been sexually assaulted and 8% subjected to sexual coercion at work;
- 56% had received sexually offensive jokes and 55% experienced unwanted flirting, gestures or remarks;
- 43% reported being inappropriately touched;
- 28% had been shown or sent inappropriate images by a manager, colleague or third party.
Unsurprisingly, only 26% of respondents felt their employer had done enough to promote a zero-tolerance culture toward sexual harassment.
The conclusion is clear: awareness of the law has grown, but consistent action has not yet followed.
Practical steps to strengthen harassment prevention
With one year of the Worker Protection Act behind us and more regulation ahead, now is the time for organisations to take stock and close any compliance gaps.
Key actions include:
- Review and refresh training: Update all sexual harassment training at least annually and record attendance to demonstrate compliance.
- Audit existing policies and procedures: Check whether your policies, reporting routes and investigation frameworks are clear, accessible and up to date.
- Focus on leadership accountability: Ensure board members and executives complete training too. Regulators increasingly expect to see commitment from the top.
- Document everything: Keep clear, accessible records of training, policies and investigations; this is essential evidence if a claim arises.
Taking these steps will not only reduce legal risk but also help create a culture that truly values respect and inclusion.
We’re experts in supporting organisations to proactively address harassment in the workplace. Across our group, we have services that support you from policies to training, right through to employee relations transformation, creating cultures where colleagues feel psychologically safe and enabling a data-driven approach to identifying the root cause of issues. Get in touch today.
Regularly refreshing preventing sexual harassment training is essential
Regular training is a critical part of demonstrating “reasonable steps”. It ensures that awareness doesn’t fade and that everyone, from the frontline to the boardroom, understands how to recognise and challenge inappropriate behaviour.
The Employment Appeal Tribunal case of Allay (UK) Ltd v Mr S Gehlen is a key reminder. In that case, anti-harassment training had been delivered, but it was deemed “stale”. The tribunal ruled that because refresher training had not been provided, the company had not taken “all reasonable steps” to prevent harassment.
The lesson is simple: one-off training sessions are not enough. Employers must be able to evidence that learning is current, effective and regularly refreshed. Training should also be tailored to company culture and industries, giving employees detailed, scenario-based learning that equips them to know their duty to prevent harassment in the workplace. Line manager training is also essential to ensure they have the skills and capability to address issues and have difficult conversations.
The role of technology in preventing sexual harassment in the workplace
On top of policies and training, preventing harassment effectively relies on understanding what’s really happening within your organisation. That means using employee relations data to identify risks early and guide meaningful action.
This is where empower® supports stronger compliance and cultural progress. empower® gives HR teams real-time visibility of case trends, outcomes and hotspots, helping them see patterns that might otherwise go unnoticed.
With this data, HR can:
- Recognise emerging issues before they escalate;
- Direct training and support where it’s most needed;
- Evidence the proactive steps taken to prevent harassment;
- Demonstrate compliance if challenged by regulators or tribunals.
The solution also ensures that processes are compliant and a full audit trail is available at the touch of a button, reducing the risk of poor process contributing to tribunal claims.
It’s this data-driven approach that separates reactive organisations from those that build truly respectful and accountable cultures. Rather than relying on assumptions or anecdotal feedback, HR leaders can act on evidence, strengthening both their legal position and their people experience.
Looking ahead
A year on from the Act, organisations have an opportunity to demonstrate leadership. The focus must now shift from awareness to evidence, from policies on paper to measurable action.
- Keep training current. Refresh and tailor content for all employees, especially line managers and leaders.
- Use your data. Analyse trends to identify hidden risks and address them before they escalate.
- Be transparent. Show your commitment to prevention through open communication and accountability.
Building a respectful workplace culture is an ongoing process, but the benefits extend far beyond compliance, from improved engagement and retention to stronger organisational reputation.
Take the next step
Now’s the time to review your training cycles, refresh your data and ensure every layer of your organisation, from frontline managers to senior leadership, is aligned, informed and accountable.
To see how we can help, view our “Preventing Sexual Harassment at Work” eLearning walkthrough, already completed by over 150,000 learners, and secure 15% off the full course.
And to explore how empower® can strengthen your organisation’s data-driven approach to employee relations, providing the visibility and confidence needed to stay compliant and build a culture of respect, get in touch with our team today.