Worker Protection Act 2023

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 Introduction

The Worker Protection Act 2023, formally enacted as 2023 c. 51, is a significant update to UK employment law designed to strengthen protections against workplace sexual harassment. Building on the Equality Act 2010, this Act introduces a clear statutory duty for employers to prevent sexual harassment rather than solely responding to incidents after they occur. Sexual harassment in this context includes unwanted conduct of a sexual nature, which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. The law applies across England, Wales, and Scotland, but does not extend to Northern Ireland.




The Act came into force one year after receiving Royal Assent, on 26 October 2024, providing employers with time to implement preventative policies, training, and reporting mechanisms. Its introduction reflects a cultural shift in employment law, emphasising proactive safeguarding in workplaces.

Key Principles

The central principle of the Act is the proactive duty of employers. Section 40A, inserted into the Equality Act 2010, obliges employers to take reasonable steps to prevent sexual harassment from occurring. This represents a departure from previous legislation, which largely addressed harassment after it had occurred. The “reasonable steps” duty is flexible, depending on the size, sector, and resources of the employer, but it typically includes establishing clear policies, providing regular staff training, creating accessible reporting mechanisms, and maintaining a culture of accountability and respect.

A second key principle is the enhanced compensation framework. Employment tribunals now have explicit authority to apply a compensation uplift when assessing cases where an employer has failed to meet their preventative duty. This means that, in addition to standard remedies for harassment, tribunals can impose additional financial consequences reflecting the employer’s failure to act proactively. The purpose is to provide a stronger deterrent against workplace harassment and encourage employers to adopt comprehensive preventative measures.

The Act also clarifies enforcement mechanisms. The Equality and Human Rights Commission (EHRC) is empowered to take legal action against employers who breach the duty to prevent harassment. Individuals may also bring claims through employment tribunals. This dual enforcement approach ensures accountability while providing multiple avenues for workers to seek redress. Additionally, the Act explicitly applies to all employees “in the course of employment,” ensuring that workers across different sectors and roles are protected.

Enforcement

Enforcement under the Worker Protection Act 2023 operates on multiple levels. First, the EHRC can investigate organisations and, where necessary, bring legal proceedings for failure to comply with the statutory duty. Second, employment tribunals can hear claims from employees who have experienced harassment and are empowered to apply the compensation uplift. This ensures that failure to implement preventative measures is not treated lightly. Tribunals consider the steps taken by employers to prevent harassment when determining awards, allowing them to differentiate between organisations making genuine efforts and those failing to act.

For employers, this means that enforcement is both preventative and punitive. Employers are incentivised to embed harassment prevention within organisational culture rather than treating compliance as a paper exercise. Proactive measures include staff induction and refresher training, regular review of policies, confidential reporting mechanisms, and clear processes for investigation and response. The Act also stresses that prevention is not a one-off task but an ongoing duty; organisations are expected to continually assess risks and adapt strategies to maintain a safe workplace environment.

Implications for Employers and Employees

Employers must review and, where necessary, update internal policies to align with the statutory duty. This includes documenting actions taken to prevent harassment, providing accessible channels for reporting, and ensuring that all employees understand their rights and responsibilities. Failure to meet the statutory duty can lead not only to financial penalties through compensation uplifts but also to reputational damage, especially as enforcement actions by the EHRC may attract public attention.

For employees, the Act provides stronger assurances of protection and recourse. The focus on prevention means that workplaces are expected to foster cultures where harassment is less likely to occur. Employees should be informed of their rights, the steps their employer has taken to prevent harassment, and the avenues available for raising concerns safely and confidentially. In practical terms, this strengthens trust between workers and management and contributes to a safer, more inclusive work environment.

Conclusion

The Worker Protection Act 2023 marks a significant evolution in UK employment law by shifting the emphasis from reactive measures to proactive prevention of sexual harassment in the workplace. By establishing a clear statutory duty for employers, creating mechanisms for enhanced compensation, and empowering both the EHRC and employment tribunals, the Act aims to ensure safer, more respectful working environments. For employers, the legislation underscores the importance of embedding preventative measures into organisational culture. For employees, it reinforces rights to dignity, respect, and protection. Overall, the Act represents a pivotal step towards transforming workplace culture and safeguarding employees from harassment before it occurs.

Resources:

FREE Safeguarding Resource from ECP Safeguarding Factsheet - https://www.ecpsafeguarding.co.uk/safeguarding-resources/Law%20-%20Worker%20Protection%20Act%20(2023).pdf

Preventing Sexual Harassment in the workplace - the new Legal Duty Podcast with Colin Lock: https://www.buzzsprout.com/1592032/episodes/15693980-preventing-sexual-harassment-in-the-workplace-the-new-legal-duty

 

New Workplace Duty Act course from ECP Safeguarding: https://www.ecpsafeguarding.co.uk/preventing-sexual-harassment/new-workplace-duty.html

Worker Protection Act - https://www.legislation.gov.uk/ukpga/2023/51/contents

https://www.imabi.com/the-employers-guide-to-the-worker-protection-act-faqs


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