Worker Protection (Amendment of Equality Act 2010) Act 2023:
Strict Liability Explained & Example Scenarios
Introduction
The UK’s Worker Protection Act 2023, amending the Equality Act 2010, came into force on 26 October 2024.
It places a new legal duty on all employers to take reasonable steps to prevent sexual harassment in the workplace. This duty applies to employees, workers, contractors, agency staff, and anyone else in the working environment.
This is not about responding after harassment occurs — it is about employers actively preventing it, whether senior leaders were aware of the behaviour or not.
Consequences include uncapped compensation awards, tribunal uplifts of up to 25%, investigation and enforcement by the Equality and Human Rights Commission (EHRC), and serious reputational harm. Employment lawyers and regulators are already describing the Act as a major shift in workplace liability, with prevention — not reaction — at its core..
For a high-level overview, visit our Worker Protection Act Overview
See also our Worker Protection Act FAQs
What Strict Liability Means for Employers under the Worker Protection Act 2023
The Worker Protection Act 2023 builds on the Equality Act 2010 by reinforcing a strict liability framework for workplace sexual harassment.
This means:
Employers can be held liable even if senior management had no knowledge of the harassment.
Ignorance is not a defence - “we didn’t know” will not protect an organisation.
Liability is automatic if harassment occurs, unless the employer can show it took reasonable steps to prevent it.
The only defence available is to evidence that preventative measures were active and effective.
Why this matters
It lowers the bar for claims: tribunals don’t need to prove intent or awareness at the top.
It removes ignorance as a shield: employers must show action, not just policies.
It shifts the burden: the responsibility is on the employer to prove compliance.
It increases financial exposure: harassment compensation is uncapped, and awards can be uplifted by up to 25% if reasonable steps were not taken.
Implications for employers and HR teams
To succeed with the “reasonable steps” defence, employers will need to demonstrate:
Clear, communicated anti-harassment policies.
Regular training for staff and managers.
Trusted reporting routes (including anonymous options).
Timely investigations and documented responses.
Evidence of board-level engagement and monitoring.
In short: The WPA makes strict liability real for every employer. Prevention is no longer optional: it is the only way to defend against claims
imabi Pro gives employers a single platform to host policies, deliver training, provide confidential reporting, and maintain audit-ready logs that evidence reasonable steps.
Example Scenarios in Practice
The Worker Protection Act 2023 puts prevention at the heart of compliance. These examples show how liability could arise, what risks employers face, and how imabi Pro helps evidence the “reasonable steps” defence.
Inappropriate Comments at a Work Event
Risk: A manager makes repeated sexual jokes at a team social, making junior staff uncomfortable.
Employer liability: The event was work-related. The organisation is liable unless it can show reasonable steps to prevent harassment.
How imabi Pro helps: Provides micro-learning modules on behaviour at social events, anonymous reporting channels, and logs of management action.
Legal context: Harassment by an employee in the course of employment; preventative duty applies.
Unwanted Physical Contact in the Office
Risk: A colleague touches another employee inappropriately at their desk.
Employer liability: Senior management may not have known, but liability arises unless preventative steps can be shown.
How imabi Pro helps: Delivers policy reminders and training, tracks completion, and maintains audit-ready case records when incidents are reported.
Legal context: Employer liability is strict; only a “reasonable steps” defence is available.
Harassment by a Contractor or Temp Worker
Risk: An agency worker makes repeated unwanted advances toward permanent staff.
Employer liability: The duty applies to all workers, contractors, and agency staff on site.
How imabi Pro helps: Offers confidential reporting tools for staff, dashboards for HR, and records to show action against contractors.
Legal context: The WPA duty extends beyond direct employees; prevention systems must cover contractors too.
Inadequate Policies and Training
Risk: A small business has a generic policy but no training or reporting systems. When harassment occurs, the victim resigns and claims constructive dismissal.
Employer liability: A tribunal is likely to find the employer failed its preventative duty.
How imabi Pro helps: Centralises anti-harassment policies, pushes training reminders, and provides evidence of policy acknowledgements.
Legal context: Compensation is uncapped, and tribunal awards can be uplifted by 25% if the WPA duty is breached.
Harassment During Remote or Online Work
Risk: An employee sends inappropriate messages over workplace chat to a colleague working remotely.
Employer liability: The duty applies regardless of whether staff are in the office, at home, or online.
How imabi Pro helps: Hosts clear digital behaviour policies, pushes reminders across devices, and keeps logs of reported online incidents.
Legal context: “Workplace” includes digital spaces — preventative steps must cover remote work.
Failure to Act on Early Concerns
Risk: Several informal complaints are made about a senior manager, but HR dismisses them without investigation.
Employer liability: Failure to act shows a lack of preventative culture. Liability follows if harassment is proven later.
How imabi Pro helps: Captures even low-level or anonymous concerns, builds trend data, and provides evidence HR acted appropriately.
Legal context: Employers must evidence they took all complaints seriously as part of their reasonable steps defence.
Harassment at a Conference or External Even
Risk: An employee is harassed by another staff member while attending an industry conference.
Employer liability: Work-related events and conferences fall within the employer’s duty of care.
How imabi Pro helps: Provides training and policy reminders for staff attending events, with reporting tools accessible from anywhere.
Legal context: WPA extends employer liability beyond the office; prevention must cover external settings
Can your organisation evidence reasonable steps?
The Worker Protection Act 2023 is now in force. Book a demo to see how imabi Pro helps you evidence training, reporting, and the “reasonable steps” defence against workplace harassment.