The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26 October 2024, creating a new proactive duty on all UK employers to take reasonable steps to prevent sexual harassment of their employees.
What changed?
Before October 2024, employers only faced liability after harassment occurred. Now, the law requires you to act before it happens. This is a fundamental shift from reactive to preventive compliance.
Key requirements
1. Risk assessment You must assess the risk of sexual harassment in your workplace. Consider factors like power imbalances, lone working, client-facing roles, alcohol at work events, and remote working situations.
2. Anti-harassment policy Your policy must be up to date, clearly communicated, and actually enforced. A policy gathering dust on a shelf will not satisfy the "reasonable steps" test.
3. Training All staff must receive training on what constitutes harassment, how to report it, and what the consequences are. Managers need additional training on how to handle complaints. The EHRC has explicitly stated that training is a key reasonable step.
4. Reporting channels You must have clear, accessible reporting mechanisms. Staff should feel safe reporting without fear of retaliation.
5. Third-party harassment While the Act doesn't reinstate third-party harassment liability, the EHRC guidance strongly recommends addressing harassment by customers, clients, and other third parties.
Consequences of non-compliance
- The EHRC can take enforcement action, including issuing improvement notices
- Employment tribunals can uplift compensation by up to 25% if they find the employer failed to take reasonable steps
- Reputational damage and loss of staff trust
What counts as "reasonable steps"?
The EHRC's Technical Guidance (updated January 2025) lists eight factors tribunals will consider:
1. The size and resources of the employer 2. The sector and working environment 3. The nature of any contact with third parties 4. Whether training has been provided and how recently 5. Whether policies exist and are communicated 6. Whether complaints processes are effective 7. Whether the employer monitored and evaluated their steps 8. Whether the employer took action when problems arose
What you should do now
- Complete the risk assessment - Document the specific risks in your workplace
- Update your anti-harassment policy - Ensure it covers all forms of harassment including sexual harassment
- Train all staff - Use interactive, scenario-based training (not just a PDF to sign)
- Train managers separately - They need to know how to handle complaints
- Review reporting channels - Make sure they're accessible and confidential
- Document everything - Keep records of all steps taken for your compliance evidence pack