What are the Changes to Employment Law Regarding Sexual Harassment?

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The changes to the Worker Protection Act 2023, have introduced significant duties for employers, particularly around preventing sexual harassment in the workplace. 

These changes reflect growing concern about workplace culture, with recent surveys from Fawcett Society revealing over 40% of women and 18% of men have experienced some form of workplace harassment in the UK.  

This legislation aims to shift employers from reactive complaint handling to proactive prevention. For businesses, this means reviewing policies, strengthening training and ensuring compliance with a more robust legal framework. 

As the leading employment law solicitors, Bowcock & Pursaill will tell you all about the changes, the actions you need to take and why you shouldn’t be ignoring it. 

What are the Changes? 

Organisations now have a duty to take reasonable steps to prevent sexual harassment before it occurs. This marks a shift from previous legislation, which focused largely on responding to incidents after they happened. 

The law also gives tribunals the power to increase compensation by up to 25% if an employer is found to have failed in this duty. This is part of a larger push for safer, more accountable workplaces. 

How are they affecting Employers? 

Employers must now demonstrate that they have taken meaningful, proactive measures to reduce the risk of harassment.  

This includes: 

• Keeping policies fully-up to date 

• Regular training  

• Introducing accessible reporting mechanisms for sexual harassment claims 

Businesses that fail to comply face the threat of legal exposure and reputational harm. These duties apply to organisations of all sizes, meaning no employer is exempt from taking action. 

What Actions Should Employers Be Taking Now 

To comply with the updated legislation, we’d recommend employers prioritising these steps: 

• Update harassment and dignity at work policies to reflect your legal duty 

• Deliver regular, documented training for all staff and managers 

• Review reporting procedures to ensure they are confidential and accessible 

• Conduct workplace risk assessments to identify high-risk environments or behaviours 

• Record all preventative measures to demonstrate compliance if challenged 

What Are the Legal Next Steps for Employers? 

Employers should begin by auditing their current HR framework to identify gaps in compliance. This includes reviewing training frequency, policy wording and leadership accountability. Legal advice may be necessary to ensure your organisation meets the statutory standard. Taking action now reduces risk and strengthens workplace culture. 

Why These Changes Matter 

The updates to the Worker Protection Act 2023, aims to create safer, more respectful workplaces. By focusing on prevention, the law encourages employers to build stronger cultures and clearer expectations. This benefits employees by improving trust and psychological safety. It also benefits employers as it reduces conflict, claims and reputational damage. 

If You Need Support Speak to our Employment Law Solicitors 

 Bowcock & Pursaill’s employment law specialists can help you understand your new obligations and implement the right preventative measures. Our team provides clear, practical guidance tailored to your organisation’s needs. Contact us today for expert advice on updating your policies, training and reporting procedures. Taking action now protects your people — and your business. 

Frequently Asked Questions

What is the new employer duty under the updated harassment laws?

Employers must take reasonable steps to prevent sexual harassment before it occurs, including training, policy updates and risk assessments.

Does the new duty apply to small businesses?

Yes. The duty applies to employers of all sizes, although the steps required may vary depending on resources and structure.

What counts as “reasonable steps”?

Reasonable steps may include training, clear reporting procedures, risk assessments and regular policy reviews. Employers must be able to show evidence of these actions.

Can employers face increased penalties fornon‑compliance?

Yes. Tribunals may uplift compensation awards by up to 25% if an employer has failed to take reasonable preventative steps.

How often should harassment training be refreshed?

Annual training is recommended, with additional sessions for new starters or when policies change.