The UK Worker Protection (Amendment of Equality Act 2010) Act, known as “The Act,” is a major step in protecting employees from workplace sexual harassment. With this legislation, employers must go beyond responding to incidents and instead proactively work to prevent harassment from occurring in the first place. This new duty significantly alters how organizations approach harassment prevention, shifting the focus toward fostering a respectful, inclusive work environment.
What does the new legislation require?
The Act requires employers to take “reasonable steps” to prevent sexual harassment, as set out under Section 40A of the Equality Act. Employers must now undertake measures such as conducting regular risk assessments, implementing anti-harassment policies, offering training and creating a safe, inclusive culture. Notably, the law provides a framework for holding organizations accountable, as breaches can result in enhanced compensation for affected employees by up to 25%. The Equality and Human Rights Commission (EHRC) will oversee enforcement, with powers to investigate and address failures in compliance.
Key provisions of the Act
- The duty to prevent sexual harassment: Sexual harassment, as defined under the Equality Act 2010, includes any conduct of a sexual nature that is unwanted by the recipient. Employers may be held liable even if they were unaware of the conduct, provided they did not take adequate preventative steps. A key defense for employers is demonstrating they took “all reasonable steps” to prevent harassment.
- Vicarious liability: Employers are liable for harassment even if it occurs offsite, such as at work events, remote settings or company-sponsored gatherings. Policies should address potential risks at such events to minimize liability. For example, company parties, alcohol consumption and after-hours events all raise risks, requiring that employers implement appropriate policies, including boundaries around alcohol or providing transportation for late working hours.
- Third-party harassment: While direct liability for third-party harassment (e.g., harassment by clients or vendors) is not addressed under the new legislation, employers still have a duty to create a safe work environment. The EHRC (Equality and Human Rights Commission) has authority to act if employers fail to implement adequate preventative measures, even if direct action cannot be taken by the employee.
- Risk assessment and policy development: The Act calls for customized risk assessments based on the specific environment, culture and operational dynamics of each organization. Employers should review grievance histories, settlement trends and employee engagement data to identify past issues and areas of risk. Risk assessments should be a continuous process, not a one-time exercise and larger organizations are expected to conduct more extensive assessments.
- Creating a culture of safety and accountability: The Act emphasizes creating a safe space where employees feel empowered to report concerns without fear of reprisal. This requires a proactive approach from employers, with clear reporting channels, robust training for employees and managers and a zero-tolerance policy for retaliation.
Steps for employers to take to comply with the UK Worker Protection Act
To comply with the UK Worker Protection Act and demonstrate the “reasonable steps” defense, employers can follow these steps:
- Develop and update policies: Policies should reflect legal compliance and make clear the company’s zero-tolerance stance on sexual harassment. Ensure policies are accessible, easy to understand and regularly updated to address evolving risks. Anti-harassment policies should be integrated with other policies, such as those on bullying or diversity and inclusion, to provide comprehensive protection.
- Provide training and awareness programs: Employees and managers need training on recognizing and addressing harassment, including appropriate intervention methods and bystander support. Programs should be tailored to the organization’s specific environment, ensuring relevance and impact. Training should have a regular cadence to reinforce the policies and maintain awareness.
- Establish clear reporting mechanisms: Employees need secure, confidential channels for reporting harassment, including digital tools or anonymous reporting lines. Clear communication on confidentiality, including what information may be shared and with whom, is crucial. This reassures employees their concerns are treated with respect and privacy.
- Risk assessment and environmental factors: Risk assessment is a core requirement, but a “one-size-fits-all” approach will not suffice. Employers need to consider environmental factors unique to their workplace, such as late-night shifts, client-facing roles, or industry-specific practices that may increase the likelihood of harassment. Analyzing turnover rates, grievance data and staff demographics can help identify high-risk areas.
- Provide wellbeing and support services: A trauma-informed approach helps support those affected by harassment. Employers should ensure access to mental health services, counselling and support throughout the reporting and investigation process. Understanding the impact of harassment on both the victim and the accused is essential to maintaining a fair and respectful process.
- Monitor, report and adjust: Consistent tracking and analysis of harassment cases and outcomes can help organizations measure the effectiveness of their policies. Regular reports to senior management ensure accountability and support proactive adjustments where needed. Making policy effectiveness a standing agenda item at board meetings can also help maintain a harassment-free environment.
Addressing the challenges
The Act’s requirements present challenges for some employers, particularly regarding the proactive aspects. It requires a shift from passive to active management of workplace culture, with a focus on accountability and openness. Implementing new policies, creating effective training and establishing a safe reporting structure demand a significant investment of time and resources, which may be difficult for smaller organizations.
Employers also face reputational risks related to workplace culture. In today’s workplace, employees and stakeholders expect organizations to uphold standards beyond mere compliance. Authentic and meaningful action toward preventing harassment is vital, as perceived inaction can harm an organization’s reputation. A safe and supportive workplace culture helps avoid negative PR, while genuine efforts to address harassment concerns build trust and credibility.
Future implications
With these changes, organizations should view the Act as a chance for reflection, growth, and improvement in their workplace culture. This moment represents an opportunity to evaluate policies, training programs and engagement with employees. Senior leaders can leverage these legal changes to reinforce their commitment to a safe and inclusive environment. Emphasizing accountability and transparency helps establish a culture where employees feel supported and respected, and their safety prioritized.
The UK Worker Protection Act embodies a new era in workplace rights, with its impact on how organizations manage, prevent and respond to harassment concerns. By embracing these requirements and taking the recommended steps, employers can cultivate a safer, more positive workplace environment, benefiting both employees and the broader organizational culture.
Navigating the implications of the Worker Protection Act requires employers to adopt proactive, preventative measures to mitigate harassment risks. Compliance means more than following policy – it’s about embedding a culture of respect and inclusivity. Through thoughtful risk assessments, meaningful policy updates and commitment to transparency, employers can help ensure that the workplace remains a safe space for all.
To learn more about how NAVEX One solutions can help your company to comply with the UK Worker Protection Act, download our playbook.
