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UK Worker Protection Act 2023 (Amendment of Equality Act 2010)

Overview

The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces a new proactive duty for UK employers to take reasonable steps to prevent sexual harassment in the workplace. In force since October 26, 2024, the Act amends the Equality Act 2010 and aims to shift the burden from responding to harassment to preventing it—reinforcing the principles of workplace safety and whistleblower protection by enabling employees to raise concerns without fear of retaliation.

Regulation Summary

  • 26 October 2023 – Royal Assent granted
  • 26 October 2024 – Employer duties and enforcement provisions take effect

  • All employers in England, Wales, and Scotland
  • Applicable regardless of size or sector
  • Employers with websites, portals, or digital policies must comply with communication expectations

None stated in the Act—all UK employers fall under its scope

  • Take reasonable steps to prevent sexual harassment in the workplace (this may include having a confidential and accessible reporting mechanism, though not explicitly required by the law)
  • Treat prevention failures as unlawful acts under the Equality Act
  • Prepare to provide evidence of steps taken if challenged before a tribunal
  • Ensure managers and staff understand the new employer duty

Employers with websites or employee portals should:

  • Clearly state their anti-harassment policy, including the duty to prevent sexual harassment
  • Include guidance on how to report concerns internally and externally
  • Ensure accessibility to relevant policies and reporting options via employee-facing web pages
  • Include a non-retaliation statement to reinforce whistleblower protections

  • Employers should review onboarding, handbooks, and digital policies to ensure alignment
  • Consider updating reporting processes, training, and web content ahead of the enforcement date

  • Right to work in an environment free from sexual harassment
  • Right to report incidents without facing victimisation
  • Right to receive compensation where failure to prevent harassment is proven

  • Enforcing Authority:
    • Employment Tribunals (for individual claims)
    • Equality and Human Rights Commission (EHRC) (for systemic enforcement)
  • Regulatory Mechanism:
    • Tribunals assess whether reasonable steps were taken
    • EHRC may investigate and issue unlawful act notices
  • Penalties:
    • Compensation uplift of up to 25% in harassment cases
    • Binding recommendations or public notices by EHRC
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