Are you meeting your duties under the Worker Protection Act?

Almost a year after the Worker Protection (Amendment of Equality Act 2010) Act came into force, a recent survey shows that nearly half of employers are still not meeting their new legal duties.

It’s worrying, though perhaps not entirely surprising. Most businesses genuinely want to do the right thing, but there’s still a gap between understanding what the law expects and putting that into everyday practice.

What the Worker Protection Act means for employers

The Worker Protection Act places a proactive duty on all employers to take reasonable steps to prevent sexual harassment at work. This includes harassment by third parties such as clients, customers and suppliers.

The change is significant because it moves the focus from responding to incidents after they happen to preventing them in the first place.

But compliance isn’t about paperwork or policies for their own sake. It’s about creating workplaces where people feel safe, supported and respected.

The duty to take all reasonable steps isn’t a tick-box exercise. It’s about making sure people genuinely feel safe and supported at work through proper risk assessments, effective training and policies that are lived out day to day.

Why some businesses are finding it challenging

For many employers, the challenge is knowing where to start. The phrase “reasonable steps” can feel vague, and when something feels unclear, it’s easy to put it off.

Smaller organisations tend to have limited HR capacity and fewer formal processes in place. Training might be irregular, or policies might not fully reflect the way the business actually operates.

There’s also the issue of third-party risk. Many businesses have policies that deal with internal behaviour but overlook the potential for harassment from customers, contractors or suppliers.

The cost of doing nothing

Waiting too long to act carries real risks. If a tribunal finds that an employer failed to meet its duty, compensation can be increased by up to 25%.

But the bigger cost is often reputational. A complaint that isn’t handled properly can damage trust, morale and your brand. For fast-growing businesses, that can be particularly harmful.

Taking early, visible steps not only reduces legal risk but also builds confidence across your workforce.

Simple, practical steps to take now

• Carry out a risk assessment
  Look at where employees interact with others and identify where issues might arise. Document your findings and review them regularly.
• Review your policies
  Update your anti-harassment and equality policies to include third-party risks and clear reporting routes. Make sure they reflect your culture, not just the law.
• Invest in training
  Short, engaging sessions that use real-life examples are far more effective than generic e-learning. Managers need to know how to respond if someone raises a concern.
• Create safe reporting routes
  Employees should know who they can talk to and that their concerns will be taken seriously. Smaller businesses can benefit from using external HR or legal support for impartiality.
• Lead by example
  Leadership behaviour sets the tone for everyone else. Showing that you take this seriously helps build a culture of trust and respect.

Turning compliance into opportunity

It’s easy to see new regulation as another burden, but this is also an opportunity to strengthen your culture. Taking the time to listen to your people, invest in good-quality training and set the tone from the top, means you are doing far more than complying with the law. You are building a workplace where everyone can thrive.

Now, as we reach the first anniversary of the Act, it’s a good time for businesses to take stock. Putting the right safeguards in place protects both people and the business, and shows a genuine commitment to doing the right thing.

If you’d like help reviewing your policies, assessing your risks or training your managers, our sexual harassment compliance support services wiil help to guide you through every step.