Worker Protection Act: almost half neglecting duties one year on

Almost half of businesses are not meeting their legal duties on preventing sexual harassment, despite it being almost a year since legislation was introduced.

According to a survey by WorkNest, 41% of employers have not yet carried out a sexual harassment risk assessment, while 22% are unsure if they have a valid risk assessment.

More than half (54%) were concerned they had not done enough to comply with the Worker Protection Act, which came into force on 26 October 2024.

Under the regulations, employers have a legal duty to take all reasonable steps to protect workers from third-party sexual harassment. Worknest found that 45% of businesses had provided sexual harassment training for all staff and managers, but a third had not provided any training at all since the duty took effect.

Lorna Gemmell, employment law and HR training manager at WorkNest, said a failure to fully comply with the duty could mean employers run the risk of employment tribunal claims, an investigation by the Equality and Human Rights Committee.

These employers could also face reputational harm and financial penalties by failing to protect staff, she added.

"While it appears that employers are aware of their legal duties, there is still significant work to be done to embed preventative measures effectively for many.

"Risk assessments and training are fundamental steps, and without them, businesses may face being non-compliant," she said.

"Taking action now will not only reduce these risks but also prepare organisations for stricter rules that are on the horizon."

Gemmell added that the duty to prevent sexual harassment was as much about culture as it was compliance.

She said: "HR and leadership teams should take this one-year milestone as an opportunity to review practices and accelerate change. Train staff at all levels and ensure a workplace culture where harassment is prevented and addressed."

Last month, analysis of Acas data revealed that calls to its helpline have risen sharply since the Worker Protection Act came into force last year.

Failure to comply with this duty can result in a 25% uplift in compensation awards at tribunal.