Worker Protection Act: Employer Duty to Prevent Sexual Harassment

If you’re an employer, you have probably heard about the Worker Protection (Amendment of Equality Act 2010) Act 2023 (the Act). It came into force in October 2024 and has a significant impact on your legal obligations regarding safeguarding your employees. This includes the introduction of a new duty that requires employers to take reasonable steps to prevent sexual harassment from occurring to employees during the course of their employment.

Due to the proactive nature of this obligation, it's important to fully understand what’s required to ensure compliance. This article covers everything employers need to know about this part of the Act as well as considerations and actions they can take in the workplace.

What does the Worker Protection Act mean to employers?

Here's what the Act says about the obligation to prevent sexual harassment:

Employers must take reasonable steps to protect their employees from sexual harassment during the course of their employment.
It applies to employees wherever they are working, not just in the office, and includes social events that are considered an extension of the workplace (e.g., conferences, client dinners, Christmas parties).
It’s a preventative and anticipatory duty, which means employers need to be taking reasonable steps to proactively prevent sexual harassment from occurring.
It includes third parties—i.e., harassment by customers, clients, or other non-employees.
If an employer breaches the preventative duty, the Equality and Human Rights Commission may take enforcement action against the employer, and employment tribunals can increase compensation for sexual harassment by up to 25%.

As this is an anticipatory duty, it's not enough to simply react to cases of sexual harassment in your workplace. Employers must be seen to take proactive steps to prevent it.

What does the 'reasonable steps' mean?

The Act refers to employers taking 'reasonable steps' to prevent harassment. What those 'reasonable steps' are can be open to interpretation, but according to the Equality and Human Rights Comission, employers should:

Consider the risks of sexual harassment ocurring in the course of employment.
Consider what steps they could take to reduce those risks and prevent sexual harassment of their workforce.
Consider which of those steps would be reasonable for them to implement.
Implement those reasonable steps.

The specific reasonable steps will vary from employer to employer, but failing to take any preventative action to protect workers from sexual harassment is unlawful.

What action employers can take

In more general terms, below are some actions employers are expected to take to comply with this part of the Act:

Conducting risk assessments

It's essential to conduct and document risk assessments to identify potential risks of harassment and update your policies, procedures, and training as necessary.

For example:

Are your employees ever working alone or at night?
Do they attend events outside of working hours where alcohol may be involved?

Consider any situations where your employees may be at risk.

Updating policies

Ensure you have robust and up-to-date polices that cover:

Harassment - what it is and how to report it.
Employee conduct - what constitutes acceptable and unacceptable behaviour, and what disciplinary behaviour or legal action will be taken if employees are in breach.
Employee conduct at events.
Reporting policies and procedures.

You may also consider a whistleblowing policy to protect employees from retaliation for reporting harassment, as multiple sources show that most individuals choose not to report harassment to their employer for fear of repercussions.

Reaffirming Company Culture

Reiterating your company culture during onboarding, in employee handbooks, through clear policies, and via annual training will help ensure everyone in the organisation understands both the expectations around behaviour and the consequences for misconduct.

Where to be extra vigilant

Christmas parties. Client dinners. Yearly conferences. Are your employees aware that these events are considered an extension of the workplace?

Despite the absence of tools or computers, these events fall under the scope of the Act. This is particularly relevant since sexual harrassment is the most prevalent claim brought to employment tribunal following work celebrations and parties.

Steps you can take to protect employees during such events include:

Annual training on what sexual harassment is ahead of major events, such as Christmas parties.
Reminders before events that they are considered an extension of the workplace, and employees will be disciplined for misconduct.
Evaluating whether alcohol should be served at the event. - If yes, how much? Is providing an open bar advisable?
Deciding whether to offer hotel accommodations after the event or provide transportation home instead.
Assigning staff to monitor and address any inappropriate behaviour.

Are you doing enough to show you're taking proactive steps to prevent sexual harassment?

If you have questions about anything in this article or need support writing or reviewing company policies and guidelines to ensure compliance, please get in touch.

I have been advising employers ranging from SMEs to PLCs on all matters relating to employment law for the past 19 years, with a key focus on issues of discrimination and harassment.

Remember, it is not enough to simply react to cases of sexual harassment. You must actively demonstrate that you are taking reasonable steps to prevent it from happening.

Nicola Young, Employment Partner at Bexley Beaumont