Worker Protection (Amendment of Equality Act 2010) Act 2023
FAQs
Worker Protection Act 2023: What UK Employers Must Know
The Worker Protection Act 2023 is now in force (since October 2024), creating a major shift in how UK employers must address workplace harassment. For the first time, organisations have a legal duty to take proactive steps to prevent sexual harassment at work - not just respond after incidents happen.
This means every employer, regardless of size, must show they are taking reasonable steps to protect staff. Failure to do so exposes organisations to legal claims, reputational damage, and enforcement by the Equality and Human Rights Commission (EHRC).
For employers, the message is clear: doing nothing is no longer an option.
Worker Protection Act 2023: Key Questions Answered
Q: What are the key changes to UK harassment law?
A: Employers must take active, preventative measures to stop sexual harassment. The law applies to all employees, workers, contractors, and anyone in the workplace. Victims no longer carry the burden of proof alone - employers must demonstrate compliance.
Q: What is the Worker Protection Act 2023?
A: The Worker Protection Act 2023 amends the Equality Act 2010, strengthening the law around workplace harassment and placing new duties on employers.
Q: Why does the Act matter for employers?
A: It introduces a strict liability offence: if harassment occurs and reasonable steps haven’t been taken, the organisation is automatically at risk. Compliance is no longer a tick-box exercise - it’s tied to workplace culture, staff retention, and reputation.
Q: When did the Worker Protection Act come into force?
A: The new rules have applied since October 2024. Any organisation that hasn’t updated its policies, training, or reporting systems since then may already be non-compliant.
Strict Liability and Defence
Q: Is the Worker Protection Act 2023 a strict liability offence?
A: Yes. The Worker Protection Act 2023 introduces a strict liability offence for employers. This means that if workplace sexual harassment occurs, an organisation can be held automatically liable unless it can show it took reasonable steps to prevent it.
In practice, this shifts the burden of proof:
Before: Victims largely had to prove an employer failed in its duties.
Now: Employers must be able to evidence the proactive measures they’ve taken — policies, training, reporting systems, and cultural initiatives.
Why this matters for employers:
Doing nothing, or relying on a written policy alone, is no longer a defence.
Employers must have visible, practical systems in place to demonstrate compliance.
This “reasonable steps” defence is the only way to avoid liability if harassment takes place.
Q: What counts as “reasonable steps” under the Worker Protection Act 2023?
A: “Reasonable steps” are the proactive actions an employer takes to prevent sexual harassment before it happens. The Act doesn’t set out a fixed checklist, but tribunals and the Equality and Human Rights Commission (EHRC) look for clear, practical measures.
Examples of reasonable steps include:
Clear policies on harassment that are accessible and regularly updated.
Regular training for all staff and managers, tailored to roles and refreshed over time.
Anonymous and accessible reporting systems so staff feel safe raising concerns.
Swift and documented responses to complaints, showing issues are taken seriously.
Monitoring workplace culture through surveys, feedback, or audits.
Senior leadership commitment, making it clear harassment won’t be tolerated.
Why it matters:
Employers who can demonstrate these steps are far more likely to succeed with a “reasonable steps” defence if a claim is made. Without them, the organisation may be held strictly liable under the Act.
Penalties and Consequences
Q: What are the penalties and consequences of not complying with the Worker Protection Act 2023?
A: Failure to comply with the Worker Protection Act 2023 can have serious legal, financial, and reputational consequences for employers.
Legal and financial penalties:
Employment tribunals can order compensation to victims of harassment.
The Equality and Human Rights Commission (EHRC) can investigate, issue enforcement notices, and take legal action against employers who fail to meet their duty.
Employers may face increased damages in tribunal cases if they cannot show they took reasonable steps.
Reputational consequences:
Public findings of non-compliance can cause serious damage to brand and trust.
Negative publicity can make it harder to recruit and retain staff.
Stakeholders, investors, or regulators may see failure to comply as a sign of poor governance.
Cultural impact:
A workplace where harassment isn’t prevented can lead to low morale, poor retention, and higher absence rates.
Staff are less likely to report concerns if they believe nothing will be done, creating further risk exposure.
Who the Offence Applies To
Q: Who does the Worker Protection Act 2023 apply to?
A: The Worker Protection Act 2023 applies to all UK employers, regardless of size, sector, or structure. This includes private companies, public sector bodies, charities, and not-for-profit organisations.
The Act covers:
Employees (full-time, part-time, temporary)
Workers and contractors
Interns, apprentices, and volunteers
Anyone in the workplace environment (for example, agency staff or consultants)
In short, if you are responsible for people working in or connected to your organisation, the duty applies.
Q: Does the Worker Protection Act 2023 apply to charities and not-for-profits?
A: Yes. The Act applies equally to charities, not-for-profits, and voluntary organisations, not just private businesses. Trustees and boards are expected to ensure that staff, volunteers, and anyone working with the organisation are protected from sexual harassment.
For charities and smaller organisations, “reasonable steps” will scale according to size and resources - but doing nothing is not an option. At a minimum, every organisation must have:
A clear anti-harassment policy.
Accessible reporting routes.
Evidence of action if issues are raised.
Q: Does the Worker Protection Act 2023 apply to very small businesses?
A: Yes. The Worker Protection Act 2023 applies to all UK employers, no matter how small. Even businesses with just a handful of employees have a legal duty to take reasonable steps to prevent sexual harassment.
For small businesses, those steps don’t need to be complex or expensive. Examples include:
Having a simple, clear policy that everyone understands.
Making sure staff know how to raise concerns.
Addressing issues quickly and fairly if they arise.
Providing basic training or awareness sessions to all staff.
The key point is that employers must be able to show they’ve thought about the risks and put practical measures in place. Size isn’t an exemption - but what counts as “reasonable” will reflect the scale of the business.
How organisations can demonstrate compliance
The FAQs above explain the Worker Protection Act 2023 and what it means for employers.
A common follow-up question is how organisations can show they have taken “reasonable steps” to prevent sexual harassment in practice.
The examples below outline typical measures that regulators and tribunals expect to see, and how tools like imabi Pro can help employers deliver and evidence them with confidence.
Q: What systems support confidential reporting under the Worker Protection Act 2023?
A: To demonstrate reasonable steps, employers need secure and trusted channels for staff to raise harassment concerns. imabi Pro offers confidential, anonymous reporting tools with audit-ready logs, helping employers prove that reporting routes are accessible, safe, and effective.
Q: Can imabi Pro provide audit-ready evidence for regulators or tribunals?
A: Yes. imabi Pro generates dashboards, case records, and trend analysis that can be shared with boards, regulators, or tribunals. This creates a clear audit trail to support the “reasonable steps” defence if a harassment claim is made under the Worker Protection Act 2023.
Q: How can employers evidence “reasonable steps” under the Worker Protection Act 2023?
A: Regulators and tribunals expect measures such as clear anti-harassment policies, staff and manager training, accessible reporting routes, swift case handling, and records of actions taken. imabi Pro brings these elements into one platform, helping employers show they had active, documented steps in place to prevent harassment and comply with the Act.
Q: How can employers train staff to reduce harassment risks under the Worker Protection Act 2023?
A: Regulators expect employers to show that employees and managers are made aware of harassment risks, standards of behaviour, and reporting routes. imabi Pro delivers targeted micro-learning and policy reminders to the right teams at the right time, creating training records that evidence reasonable steps to prevent harassment.
Cut through the compliance headache
imabi Pro gives you everything you need to meet the Worker Protection Act 2023 requirements - policies, reporting, training, and records in one place. Book a demo to see how imabi Pro helps you evidence prevention, reporting and assurance today.