The Worker Protection (Amendment of Equality Act 2010) Act
Joanna Rose · Posted on: September 25th 2025 · read
In October 2024 legislation came into place that introduced a new proactive duty on employers to take reasonable steps to prevent sexual harassment (i.e. unwanted conduct of a sexual nature) of employees in the course of employment.
The October 2024 amendment builds on the existing Equality Act 2010 and with the Employment Rights Bill progressing through Parliament there are likely to be future amends to the Act.
The Office of National Statistics reported in 2023 that 1 in 10 people had experienced at least one form of harassment that made them feel upset, distressed, or threatened in the previous 12 months.
26% of individuals experience sexual harassment at their place of work.
Employment lawyers at Irwin Mitchell made a Freedom of Information (FoI) request to ACAS earlier this year which noted that in 2024 there were 7,000 sexual discrimination disputes reported which was 6% higher than in 2023. It is understood that 16% of these cases related to sexual harassment.
The big question for employers is whether they took any action to amend or put in place processes after the legislation was amended, or if this is still outstanding. As of September 2025, employers should have had a solid year to align with the new proactive “preventative duty” around sexual harassment.
Here is what you should have done by now:
- You must identify high-risk areas—think customer-facing roles, isolated workspaces, social events, night shifts.
- Use employee feedback and past incidents to refine these assessments.
Your anti-harassment policy needs to be:
- Clear, accessible, and up to date.
- Inclusive of all forms of sexual harassment, with examples (verbal, visual, physical).
- Explicit on how to report, how complaints will be handled, and possible sanctions.
Remember: It’s not enough to file it away—employees must see it, understand it, and trust it.
- Multiple channels (online, hotline, face-to-face) should be in place.
- Ideally, offer anonymous reporting to protect vulnerable staff.
- Ensure clarity on process: how to submit, who investigates, and how feedback is communicated.
- Conducted training across the board—not just a one-off:
- Employees: What constitutes harassment, how to report, and how to support peers.
- Managers: How to handle complaints, investigate fairly, and stop retaliation.
- Training must be regular, role-specific, and documented.
- Make it clear - you’ve got zero tolerance for sexual harassment.
- Engage staff through surveys, 1-2-1s, exit interviews, and leadership modelling the right behaviour.
- When incidents arise, act swiftly and fairly.
- Put protections in place (e.g. adjusted duties, time off, or other support measures). (MHA)
- Regularly audit how your policies, training, and reporting systems are working.
- Fine-tune what isn’t working and document the improvements.
- Employment Tribunals can uplift compensation by up to 25% if you’ve failed to take those “reasonable steps.”
- The EHRC can step in with enforcement actions. (Financial Times)
In summary
| Area | What’s expected |
|---|---|
| Risk Assessments | Identified and mitigated situations of harassment risk |
| Policy Review | Updated anti-harassment policies with examples & clarity |
| Reporting Mechanisms | Provided multiple, safe, and possibly anonymous channels |
| Training | Delivered role-specific, ongoing training to all levels |
| Culture & Communication | Embedded zero-tolerance attitude and frequent engagement |
| Complainant Support | Handled complaints promptly and empathetically |
| Monitoring & Improvement | Regularly evaluated effectiveness and made adjustments |
If you are at the beginning or part way through your journey amending anti-harassment policies and procedures and need guidance HR Solutions can support with documentation, guidance and staff training.
