Worker Protection (Amendment of Equality Act 2010) Act 2023  

Within this guide, the legislation will be referred to as the Worker Protection Act 2023. 

The resource provides a summary of the Act along with an overview of its implications for the workplace. It also offers suggestions as to what your organisation can do to be proactive and prepare for the enforcement of the Act. 

The Worker Protection Act 2023 is an amendment of the Equality Act 2010 that was passed on 26 October 2023. As an amendment to the Equality Act 2010, it covers England, Scotland, and Wales, but it does not apply in Northern Ireland. For more information on the Equality Act 2010, see enei’s Employer Guide: Equality Act 2010. 

The primary purpose of the Act is to require employers to take reasonable steps to prevent sexual harassment in the workplace. Sexual harassment can come in the form of unwanted conduct (from an individual of any gender) that is sexual in nature. 

Sexual harassment can include: 

In addition to covering actions committed by another worker, the bill includes liability for harassment by third parties or agents acting on behalf of the employer. For more information, including additional explanations of sexual harassment, see enei’s Employer Guide: Harassment, Bullying, and Victimisation. 

The original version of the bill stated that employers must take all reasonable steps to prevent sexual harassment in the workplace, but the word ‘all’ was dropped from the final version of the Act. Note that the Worker Protection Act 2023 does not cover harassment associated with other characteristics protected under the Equality Act 2010. 

The Worker Protection Act 2023 came into force on 1 January 2024. It is anticipated that enforcement will begin on 26 October 2024—one year from its passage—and that the Equality and Human Rights Commission (EHRC) will take responsibility for enforcement. 

Under the Worker Protection Act 2023, employers will be penalised for breaching their legal duty and failing to take reasonable steps to prevent sexual harassment. As part of the reasonable steps of prevention, the EHRC Consultation: technical guidance on sexual harassment and harassment explains, “The preventative duty is an anticipatory duty. Employers should not wait until an incident of sexual harassment has taken place before they take any action. The duty requires that employers should anticipate scenarios when its workers may be subject to sexual harassment in the course of employment and take action to prevent such harassment taking place. If sexual harassment has taken place, the preventative duty means an employer should take action to stop sexual harassment from happening again. However, if an employer fails to take reasonable steps to comply with the preventative duty, there are consequences.”

If an employee succeeds in an employee tribunal claim of sexual harassment due to a breach, then compensation for the violation could be increased by up to 25%. Additional details regarding enforcement and other measures are explained in the EHRC’s updated Sexual harassment and harassment at work: technical guidance, which was published on 26 September 2024.

With the passage of the Worker Protection Act 2023, employers may benefit from taking proactive steps to evaluate their existing sexual harassment policies. This may help organisations prepare for the EHRC’s enforcement of the Act once it comes into effect.

The information contained within this resource was accurate at the time of its publication. It was created in January 2024.