In the latest episode of The Bellevue Brief, we’re exploring the evolving legal position regarding sexual harassment in the workplace, through the lens of the Worker Protection Act 2023 (“WPA”) and the “preventative duty” it imposes on employers (discussed in more detail below). Bellevue Law’s Florence Brocklesby and Georgina Calvert-Lee unpack what’s changed since that law came into force in October 2024, discuss the impact those changes have had, and look ahead to explore what’s still to come.
You can watch and/or listen to their episode here: Bellevue Law | Instagram | Linktree
What does the WPA require?
This recent Act introduced a new requirement on UK employers to take reasonable steps to prevent sexual harassment in the workplace, known as the “preventative duty”. This new, proactive obligation is more than a box-ticking exercise. As Georgina explains in the episode, it represents a significant shift in UK employment law:
“[The WPA] provides for the first time that employers have to take positive steps to try to prevent their employees from being subjected to sexual harassment in the course of their work.”
Why was this change necessary?
Several years on from the height of the #MeToo movement, issues of sexual harassment remain prevalent in society and the workplace. By way of illustration, Florence refers to various recent industry-specific publications (like the Harman Report on Bullying and Harassment at the Bar, and the House of Commons Treasury Committee’s Sexism in the City report) that draw attention to incidents of sexual harassment; Georgina notes a recent survey by Unite the Union of female members, in which around 55% of respondents reported that they had experienced sexually harassing behaviours at work. These real-life examples support the idea that employers should address complaints of sexual harassment head-on as part of tackling a widespread societal issue, rather than fearing the stigma of allegations being made.
As Georgina succinctly puts it, given the troubling prevalence of such matters in the wider world:
“It would look somewhat suspect [for employers] if you have a supposed clean bill of health. It looks a lot more realistic to have had some complaints and to show that you have acted on those.”
What are the consequences of non-compliance with the preventative duty?
To quote Georgina again, the preventative duty has teeth, as failure to comply can be costly. If a worker successfully brings a claim in an Employment Tribunal for sexual harassment, and if the Tribunal finds that the employer breached their preventative duty, the compensation awarded to the employee can be uplifted by up to 25%. The Equality and Human Rights Commission (“EHRC”) also has enforcement rights relating to the duty, including powers to investigate and impose injunctions, all of which can create significant reputational risk for affected organisations.
What’s happened so far?
Many employers, however, are still somewhat behind the curve. A recent survey by WorkNest, quoted in Personnel Today, revealed that 41% had not yet completed a sexual harassment risk assessment to identify particular areas of risk in their business – a step which the EHRC’s technical guidance makes clear is a fundamental part of complying with the preventative duty. Looking at the legal landscape more broadly:
- Tribunal cases: No decisions have been published yet that specifically relate to the preventative duty. Delays and backlogs in the Tribunal system mean it’s too early for such judgments to have trickled through, although we know from our own experience that claimants are starting to refer to breaches of the preventative duty alongside their other claims.
- EHRC activity: Notices have been issued, including high-profile warnings to McDonald’s and Lidl.
- Worker awareness: Calls to ACAS about workplace sexual harassment rose by over 100% year on year in the third quarter of 2024 and another 39% in the first six months of 2025, suggesting a growing awareness of increased rights on the part of individual complainants.
What should employers do?
Compliance is likely to start with a risk assessment, tailored to each organisation’s specific circumstances — it’s important to be aware here that there is no one size fits all approach. Factors to consider might include workplace power dynamics, training and supervision requirements, communications, lone and/or late working, and whether events (internal and/or external) involve alcohol consumption. From there, employers should also consider:
- Updating policies: Define sexual harassment clearly, provide examples, and outline reporting routes. Consider if you need a specific sexual harassment policy, and think about how your suite of policies interrelate – do you need to make updates to multiple documents, for consistency purposes?
- Communicating and training: It’s no good simply having policies if they’re not living documents; they must be understood and acted upon. Managers need specific training on the policies themselves, as well as how to handle disclosures of potentially complex and sensitive issues.
- Enable appropriate reporting: Consider anonymous channels for bystanders or hesitant employees, in addition to more traditional, open channels.
- Keep records: Track complaints and trends to identify risks / potential areas of improvement. It may become clear, for example, that a specific team or event is a nexus for recurring complaints: without monitoring this information, such patterns could get lost.
- Take action: Where potential wrongdoing is identified, move swiftly to the investigation stage, and implement corrective measures if required – regardless of the seniority or perceived ‘power’ of the individuals involved. Employees may be less likely to come forward in future if they feel nothing will get done.
- Focus on culture: Everything comes back to this – which is why we’ve done a whole podcast episode on workplace culture. After all, as Florence emphasises in this episode of the podcast:
“All of the risk assessments and policies and training in the world won’t really get to the root of this problem without a determination from the top to deal with it appropriately and properly.”
What’s next?
Whilst a significant change in its own right, the introduction of the preventative duty was only the first stage of an ongoing overhaul of employers’ obligations regarding protecting staff from sexual harassment at work.
Looking ahead, the forthcoming Employment Rights Bill (“ERB”) will raise the bar for the level of action required of employers from just “reasonable steps” to “all reasonable steps”. The difference may seem minor but the effects will be material, requiring employers to be able to demonstrate far more comprehensive measures. Employers will, effectively, need to show that they’ve done everything a reasonable person could think of to prevent sexual harassment of their people – rather than just some reasonable things.
On a separate but related note, the ERB will also restrict the use of non-disclosure agreements (“NDAs”) in harassment cases, ending the widespread practice of enforcing confidentiality obligations – which some see as sweeping such issues under the carpet – when reaching a settlement with complainants.
The bottom line
Taken together, the cumulative effects of these legislative changes may signal a profound cultural shift. Employers must move beyond reactive measures and embrace proactive strategies to create safer workplaces; investigate fully and fairly where complaints are made; take assertive action where wrongdoing is identified; and be prepared to grapple with both reputational damage and financial penalties if they don’t.
Many organisations will be doing some or all of the right things already – but it’s worth auditing practices to be sure of legal compliance, sooner rather than later. As Georgina helpfully advises employers in conclusion:
“You do need to get on with complying with your duty to prevent sexual harassment… and when allegations are made, not to shy away from dealing with them in good faith.”
