The UK’s Worker Protection Act 2023 introduced a series of significant changes for employers on the issue of sexual harassment. However this law was a weakened form, significantly amended down during its journey through the previous Parliament. One of Labour’s commitments during the 2024 general election was an expanded set of rights for workers, including better protections from harassment, including sexual harassment.
The Employment Rights Bill, currently going through Parliament, picks up where the Worker Protection Act stopped and introduces a wide array of new requirements for employers to be aware of. In particular, rules around sexual harassment are expanding, and will require renewed attention from employers.
What are the key legislative changes in sexual harassment?
Sexual harassment laws in the UK are expanding. The Worker Protection Act 2023 will essentially be superseded by the Employment Rights Bill, expected to come into force in 2026.
Worker Protection Act 2023
Effective from 26 October 2024, The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a proactive duty for employers to take “reasonable steps” to prevent sexual harassment in the workplace. This anticipatory duty requires employers to assess risks and implement measures to prevent harassment before it occurs, including from third parties such as clients or customers. Failure to comply can result in enforcement actions by the Equality and Human Rights Commission (EHRC) and increased compensation awards in employment tribunals.
Employment Rights Bill
Introduced on 10 October 2024, the Employment Rights Bill seeks to strengthen the existing framework by requiring employers to take “all reasonable steps” to prevent sexual harassment, raising the standard from the previous “reasonable steps”. The Bill also proposes:
Liability for third-party harassment: Employers would be held accountable for harassment perpetrated by third parties if they fail to take all reasonable steps to prevent it.
Protected disclosures: Disclosures related to sexual harassment would be classified as “protected disclosures,” safeguarding employees from retaliation and rendering non-disclosure agreements unenforceable in such contexts.
Fair Work Agency: Establishment of a new regulatory body with powers to investigate and enforce compliance with employment laws.
The Bill is currently going through Parliament, with most provisions expected to come into force by 2026 .
What do “all reasonable steps” to prevent sexual harassment mean?
The term “all reasonable steps” that employers will have to take requires a comprehensive and proactive approach to preventing sexual harassment. Your organisation will need to conduct an assessment to understand what the risks of sexual harassment in your workplace are, list the steps that could prevent or mitigate those risks, and then implement all which are reasonable. For example security cameras, signs and posters, and training for all staff. Employers will likely be required to:
Conduct risk assessments: Identify potential harassment risks within the organisation, including interactions with third parties.
Implement robust policies: Develop clear anti-harassment policies (including a stand alone sexual harassment policy) outlining unacceptable behaviours and reporting procedures.
Provide ongoing training: Offer regular training sessions for all employees, emphasising the importance of a respectful workplace culture and exploring the issue of sexual harassment.
Establish reporting mechanisms: Create accessible channels for reporting harassment, ensuring confidentiality and protection against retaliation.
Monitor and review: Regularly assess the effectiveness of policies and procedures, making necessary adjustments to address emerging risks.
Comparative analysis: Worker Protection Act vs. Employment Rights Bill
| Aspect | Worker Protection Act 2023 | Employment Rights Bill |
| Preventative Duty | Reasonable steps | All reasonable steps |
| Third-Party Harassment | Not explicitly covered | Explicitly included |
| Protected Disclosures | Not addressed | Recognised and safeguarded |
| Regulatory Body | EHRC enforcement | Establishment of Fair Work Agency |
| Implementation Timeline | In force from 26 Oct 2024 | Expected by 2026 |
How should organisations prepare to prevent sexual harassment?
To comply with the provisions of the Worker Protection Act 2023 and prepare for the forthcoming Employment Rights Act, organisations should take the following steps:
Conduct risk assessments
- Proactively assess the risk of sexual harassment in the workplace, identifying areas of concern and high-risk environments.
- Focus on identifying situations that might expose employees to harassment from both internal and external sources, such as clients or third parties.
Implement anti-harassment policies
- Develop or update policies to clearly define what constitutes sexual harassment and provide a process for employees to report it.
- Ensure that these policies include protections from third-party harassment, as this will be a legal requirement under the forthcoming Employment Rights Act.
Mandated training
- Provide regular and comprehensive training for employees and management on sexual harassment, focusing on prevention, reporting mechanisms, and proper responses.
- Incorporate training that addresses harassment from third parties, aligning with the forthcoming Employment Rights Act’s requirements.
Establish clear reporting mechanisms
- Ensure that employees know how to report harassment confidentially, and create clear channels for complaints, including options for anonymous reporting.
- Prepare for new rules around protected disclosures by allowing open discussion of harassment cases without fear of retaliation or enforcement of non-disclosure agreements.
Start thinking about “all reasonable steps”
- Under the upcoming Employment Rights Act, the standard will shift to “all reasonable steps” to prevent sexual harassment. Organisations should:
- Regularly review their procedures and adapt them to new regulations.
- Take action whenever harassment is reported, demonstrating an active effort to address issues.
Revise non-disclosure agreements
- Review and revise any existing non-disclosure agreements to ensure they do not prevent employees from discussing sexual harassment claims.
- Prepare for the future voiding of non-disclosure agreements related to harassment disclosures, which will be introduced by the Employment Rights Act.
Monitor third-party interactions
- Begin taking proactive steps to prevent harassment by third parties, such as clients, contractors, or the public. Implement protocols that minimise risk in these interactions, which will become a legal duty under the Employment Rights Act.
Prepare for tribunal changes
- Understand that sexual harassment disclosures will be treated as “protected disclosures,” and prepare for changes in employment tribunal rights, including protections against dismissal for reporting harassment.
Engage with consultations
- Stay informed of government consultations in 2025 on how to meet the statutory requirements, including specific guidance on what constitutes “all reasonable steps.”
Anticipate more regulatory oversight
- Prepare for the establishment of the Fair Work Agency, which will have powers to investigate and fine employers who fail to comply with the law. Regular audits and compliance checks can mitigate the risk of fines or investigations.
