On October 26th 2024, the Worker Protection Act 2023 came into effect. This amendment to the Equality Act 2010 introduced new legal duties for organisations, so they must now proactively take reasonable steps to prevent sexual harassment in the workplace.
One year later, organisations must reflect on the progress they have made and whether they are doing enough. Failure to do so can result in a 25% uplift in compensation awarded in tribunal claims, significantly raising the bar for employers.
As we mark the Act’s first anniversary, we also look ahead. With the Employment Rights Bill (ERB) on the horizon, expected to come into force in April 2026 according to the government roadmap, employers face even greater expectations around workplace conduct. Employers will be required to take “all reasonable steps” to prevent sexual harassment from third parties, including clients, contractors and suppliers.
So, what does the landscape look like for employers navigating these changes? It’s about culture. It’s about clarity. It’s about confidence, ensuring every employee knows their rights, and every leader knows their responsibilities.
Sexual harassment in the workplace: an ‘endemic’ issue
Unfortunately, despite the introduction of the new responsibilities, there is still a widespread issue with sexual harassment in UK workplaces. A Unite survey of 300,000 workers published earlier this year revealed that:
- 25% had been sexually assaulted and 8% had been subjected to sexual coercion at work;
- 56% had received sexually offensive jokes and 55% had experienced unwanted flirting, gesturing or sexual remarks;
- 43% reported being inappropriately touched;
- 28% had been shown or sent inappropriate images by a manager, colleague or third party.
Given these figures, it’s unsurprising that only 26% of their members felt their employer had done enough to promote a zero-tolerance culture toward sexual harassment in the workplace.
Organisations are unsure of their legal duties
A recent People Management article also highlighted the scale of the issue facing employers.
54% of HR professionals say they are concerned their organisation has done enough to meet their legal obligations with the Worker Protection Act.
This comes alongside an increase in sexual harassment enquiries submitted to Acas, which has risen by 39% in just the first half of 2025.
These gaps are leaving organisations exposed to potential claims and costly employment tribunals.
More changes to the Employment Rights Bill
In addition to the strengthened duty to take “all reasonable steps” – including from third parties – a recent amendment to the ERB will ban the controversial use of NDAs and confidentiality agreements that seek to silence victims of workplace harassment or discrimination.
This allows victims and witnesses to speak freely without fear of legal repercussions. Now, more than ever, organisations need to review their policies, training and workplace culture to protect their people and to meet their legal obligations.
Refreshing sexual harassment training
Regular refresher training to raise awareness of sexual harassment in the workplace, especially ahead of the one year anniversary of the Act, will put organisations in a stronger position. Updating training at least every 12 months, if not more frequently, can also help protect against employment tribunal claims.
In the case of Allay (UK) Ltd v Mr S Gehlen, for example, the tribunal found that Mr Gehlen had been subjected to racial harassment. It rejected the company’s defence, ruling that the anti-harassment training provided was “stale” and ineffective.
The Employment Tribunal concluded that the employer had failed to take “all reasonable steps” because refresher training had not been provided and the original training had “faded from people’s memories.”
This case is a crucial reminder for employers:
- Evidencing proactive prevention is essential;
- Having outdated policies is a risk;
- Delivering one-off training is not enough to avoid liability for harassment.
The EAT’s decision reinforces that training should be an ongoing process, not a tick-box exercise. To rely on the “all reasonable steps” defence, employers must be able to show that their training and policies are current, effective and regularly refreshed.
Practical steps to prevent sexual harassment
Here’s how to get started:
- Send reminders for refresher training: If your organisation hasn’t already rolled out refresher training, now is the time to take stock and make any necessary changes. Document refresher training dates and attendance so you have clear evidence if challenged.
- Audit existing procedures: Audit your sexual harassment policies, reporting routes and training completion records so you can see exactly who’s been trained and when.
- Pay particular attention to line managers: They’re often the first point of contact for concerns, so their training may need to be more detailed and scenario-based than that provided to the wider workforce.
- Don’t overlook senior leadership: Board members and executives set the tone, and regulators increasingly expect to see their commitment reflected in their own training records.
Taking these factors into account is crucial not only for ensuring your organisation meets legal compliance requirements, but also for creating a respectful and inclusive workplace culture
Data strengthens sexual harassment prevention
Data can be a powerful source to uncover issues policies alone may overlook. Organisations should consider:
- Analysing employee relations case data, grievance trends or advice line reports can help identify hotspots and gaps where more support or training is needed.
- Tracking training completion is only the first step; following up training with short surveys, knowledge checks or pulse questions can show whether key messages are sticking and where reinforcement is required.
- Using anonymous feedback tools to surface concerns that may not be captured through formal channels.
Together, these insights demonstrate to your employees, regulators, leadership, and, if worst comes to worst, employment tribunals, that your organisation is actively monitoring and improving and not simply issuing policies and hoping for the best.
Preventing workplace sexual harassment matters now
Acting ahead of the anniversary of the Worker Protection Act is a chance to demonstrate leadership and your commitment to your people. Ongoing, up-to-date training protects people, strengthens an organisation’s legal defence and helps create a positive workplace culture.
Now’s the time to review your training cycles, refresh your data and make sure every layer of your organisation, from front-line managers to senior leadership, is up to date and committed to making workplaces respectful and ensuring a zero-tolerance approach to any kind of sexual harassment.
View our ‘Preventing Sexual Harassment at Work’ eLearning walkthrough to find out how we can support your organisation – and secure a 15% discount off of the full training.
