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  4. Preventing Sexual Harassment: The Worker Protection Act
Legislation

Preventing Sexual Harassment: The Worker Protection Act

kate-underwood
22 October 2025
8 min read
Preventing Sexual Harassment: The Worker Protection Act

New Worker Protection Act: what SMEs must do now to prevent sexual harassment. Plain English steps, checklists and KUHR support to get you compliant, confident and protecting your people.

#worker-protection-act#worker-protection-act-2023-uk#duty-to-prevent-sexual-harassment

Prevent sexual harassment at work before it happens

How to prevent sexual harassment at work under the Worker Protection Act 2024

Picture this. A team member hints that a customer's "banter" crossed a line. Before October 2024, you might have asked how fast and fairly you reacted. Now the duty flips. Under the Worker Protection Act 2024, you must prevent sexual harassment at work in the first place. That means clear risks spotted, steps taken, and proof you are on it.

Quick Answer Box

  • Do this: run a sexual harassment risk assessment, publish a clear policy, train your team, and set up safe reporting routes.
  • Avoid this: "it does not happen here" thinking, or a dusty policy nobody reads.
  • Write down: your risk assessment, your policy, who trained and when, reports raised, and actions taken.

The legal lowdown: your new preventative duty

The Worker Protection (Amendment of Equality Act 2010) Act 2024 started on 26 October 2024. It adds a duty on employers to take reasonable steps to prevent sexual harassment of employees in the course of their employment.

Two ways this bites:

  • EHRC enforcement. The regulator can act even if no individual has brought a claim.
  • Tribunal uplift. If a tribunal upholds sexual harassment and finds you failed to take reasonable steps, it can uplift compensation by up to 25 percent. There is no cap on harassment awards.

There is no small business exemption. "Reasonable" scales with your size, resources, and risk. A five-person cafe and a 500-person firm will look different. "We are too small" is not a defence.

External resource:

  • EHRC technical guidance on the preventative duty: EHRC technical guidance on the preventative duty

What "reasonable steps" look like for SMEs?

Right, first things first. Reasonable steps are practical, visible, and repeatable. For most small UK employers, that means the following.

1) Run a sexual harassment risk assessment

  • Map where risk sits: customer contact, lone working, late shifts, travel, socials, alcohol, power gaps, probation, junior staff.
  • Note digital spaces too: WhatsApp groups, Teams channels, DMs, video calls.
  • Record actions to reduce risk: supervision, buddy systems, manager presence at late events, rules for work socials, safe transport home.

Tip: Keep it short and clear. Date it. Review it. That is what the EHRC expects to see.

2) Publish a plain English anti-harassment policy

  • Define sexual harassment in Simple English with examples.
  • State zero tolerance and outline consequences.
  • Explain reporting routes. Include a route that bypasses the line manager.

3) Train everyone, refresh regularly

  • Short, scenario-based training for all staff. Managers need extra on handling reports and bystander action.
  • Refresh at least every 12 to 24 months, or after incidents or team changes.
  • Track attendance and keep materials.

4) Set up accessible reporting routes

  • Provide at least two routes: named HR contact or owner, plus an alternative senior contact or inbox.
  • Offer a confidential channel where possible. Be clear about privacy limits.
  • Tell staff where and how to report, in writing and during onboarding.

5) Act on what you hear, promptly and fairly

  • Acknowledge reports quickly, give next steps, and keep notes.
  • Investigate impartially. Use an external investigator if there is a conflict.
  • Follow your disciplinary process correctly. Respect the statutory right to be accompanied.

Internal resource: Who can accompany an employee to a disciplinary meeting

6) Consider third-party risk

  • Customer, client, supplier, or contractor behaviour counts.
  • Put up signage in customer areas, brief managers on when to step in, and back staff if they refuse service due to harassment.

Do not forget digital and hybrid work

Sexual harassment is not limited to face-to-face contact. It can arrive by text, email, chat apps, DMs, or on camera. A comment that would be out of order across a desk is just as serious at 11 pm in a WhatsApp group.

Your policy must cover online behaviour, personal devices used for work chats, and out-of-hours messages. If your team uses group chats, set ground rules. Make reporting routes clear for digital incidents too. This all helps you prevent sexual harassment at work across every channel.

External resource:

  • ACAS advice on sexual harassment at work: ACAS advice on sexual harassment

What might change next: Employment Rights Act 2025?

This area is moving. Public statements suggest two changes could arrive under an Employment Rights Act in 2025. Treat these as forthcoming and check timing before you rely on them.

  • "All reasonable steps" could replace "reasonable steps", which is a higher bar.
  • Clear liability for third-party harassment could return.

Practical takeaway: work to the higher standard now. If you already prevent sexual harassment at work using an "all reasonable steps" mindset, you will be ready, and you are stronger today.

External resource:

  • GOV.UK policy updates hub: GOV.UK policy updates hub

Step-by-step: a simple compliance plan

  • 1) Run a sexual harassment risk assessment and write it up.
  • 2) Publish a clear anti-harassment policy that covers digital conduct and third parties.
  • 3) Announce it to the team. Get acknowledgment.
  • 4) Train everyone. Managers get extra training on handling reports.
  • 5) Set up at least two reporting routes. One must bypass line management.
  • 6) Respond fairly to concerns. Investigate and follow your process.
  • 7) Review and refresh. Update risk assessment, policy, and training on a schedule.

KUHR help:

  • HR Protect keeps your policy, risk assessment, and handbook current: HR Protect
  • HR Advice Line for fast, practical answers: HR Advice Line
  • Free HR Health Check to spot gaps: HR Health Check

Handling a complaint fairly

Prevention sits alongside fair process. The person raising a concern and the person named both deserve a fair, impartial approach. Keep it as confidential as you reasonably can. Follow your disciplinary and grievance procedures. And remember the right to be accompanied at formal meetings.

Internal resource: Who can accompany an employee to a disciplinary meeting

A short manager script

If someone reports sexual harassment, the first response matters. Train managers to say:

> "Thank you for telling me. I know that was not easy. I am taking this seriously. I will make a note of what you have told me, keep it as confidential as I can, and explain what happens next. You will not be treated badly for raising this, and I will keep you updated."

Managers must avoid brushing it off, promising total secrecy they cannot keep, or "having a quiet word" instead of following the process.

Mythbuster parade: common mistakes

  • "It does not happen here." Low reporting is common. Silence is not proof of safety.
  • A policy nobody reads. Training and communication are the real steps.
  • Skipping the risk assessment. The EHRC expects to see it.
  • Ignoring third parties. Customer-facing roles face higher exposure.
  • Treating training as one-and-done. Old slides do not show an active duty.
  • Botching the process. A shaky investigation can become problem number two.

What to write down, and why it matters

Evidence is your friend. To show you took reasonable steps, keep records of:

  • Your sexual harassment risk assessment, date, findings, and actions
  • Your anti-harassment policy and last review date
  • Who trained, what they learned, and when
  • Reporting routes and how staff were told
  • Concerns raised, timelines, and actions taken
  • Planned review dates for policy, training, and risk assessment

If it is not written down, it is hard to prove it happened.

Where this connects

Preventing sexual harassment at work links to your wider basics: a tidy handbook, fair processes, manager training, and simple documentation. Pick the help that fits:

  • Who can accompany an employee to a disciplinary meeting, for when a report turns into a formal process
  • HR Protect, the monthly plan that includes policies, training support and hands-on help
  • HR Advice Line, for quick answers when something has just landed

Right, what now?

The Worker Protection Act 2024 asks a simple question: what have you done to prevent sexual harassment at work? If your honest answer is "not much yet", you are not alone. Let us fix that before a complaint or the regulator forces the issue.

Book a free HR Health Check to see what is strong and what needs attention: HR Health Check. Or book a discovery call and we will talk through your risks: Discovery call.

Kettle On, Standards Up. Until next time, keep buzzing and take care of your people!

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Kate Underwood

About Kate Underwood

HR consultant and founder of Kate Underwood HR. Providing HR Support for Small Businesses for over 10 years; in Hampshire, Dorset and across the UK.

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