The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces vital reforms to how UK employers must address workplace harassment. It places a heightened emphasis on proactive, preventive measures—particularly concerning both internal and third-party harassment.

These changes carry significant implications for the governance of organisations, underscoring the critical role that boards and non-executive directors play in ensuring compliance and fostering a culture of safety and respect across the business.

A shift in accountability for employers

Building on the foundations of the Equality Act 2010, the new legislation, effective 26 October 2024, represents a fundamental shift in employer liability. Rather than reacting to incidents of harassment after they occur, the new law requires businesses to actively prevent such behaviours. For board members and non-executive directors, this means ensuring preventive strategies are embedded into the organisation’s culture, policies and operational frameworks.

In practical terms, this shift demands a holistic approach to risk management, with oversight from the board ensuring management is equipped to deliver on these new obligations. The board must prioritise prevention—empowering senior leadership to implement measures that safeguard employees and reduce legal risks.

A new legal duty to prevent harassment

Central to the Worker Protection Act is the introduction of a positive duty for employers to prevent sexual and workplace harassment. This goes beyond the traditional reactive model, placing the responsibility squarely on the organisation to create an environment where harassment is unlikely to occur.

For board members, the key challenge will be ensuring the business has comprehensive systems in place to fulfil this duty. This requires the board’s engagement in overseeing the effectiveness of harassment prevention strategies—from risk assessments and policy development to training and incident reporting. Non-executive directors in particular should exercise their scrutiny function to confirm these policies are not only compliant, but actively reduce risk.

Reintroduction of third-party harassment protections

A notable element of the new act is the reintroduction of protections against third-party harassment, which was removed from the Equality Act in 2013. Employers are now responsible for harassment caused by non-employees (such as customers, contractors or clients), significantly broadening the scope of employer liability.

Board members must ensure their organisations take this extended responsibility seriously, especially in sectors where third-party interactions are frequent, such as retail and hospitality. Effective policies, clear communication of behavioural expectations and swift responses to any reported incidents are essential to mitigate risk. Digital safeguarding apps, such as imabi Pro, help to speed up both reporting and response times, helping to evidence action, while providing a form of insurance by preventing issues before they escalate. Failure to act on third-party harassment could result in significant legal and reputational damage.

The importance of a ‘reasonable steps’ defence

The Act introduces an ‘all reasonable steps’ defence, allowing businesses to defend themselves against harassment claims if they can demonstrate they took all reasonable measures to prevent the issue. However, establishing this defence is likely to be challenging—and the burden of proof rests with the employer.

From a governance perspective, it is crucial that board members ensure robust, actionable steps are taken to prevent harassment, which may include comprehensive training programmes, effective reporting mechanisms and regular policy reviews. These measures should not only be documented, but also demonstrably embedded within day-to-day operations. Directors should consider asking for regular updates from management on the implementation and impact of these measures, ensuring any gaps are promptly addressed.

Strengthened protections for victims of sexual harassment

The Act also places significant emphasis on preventing sexual harassment, highlighting the critical need for employers to create safe, supportive environments where individuals can come forward without fear of reprisal. This cultural shift aligns with the broader trend toward transparency and accountability in workplace conduct.

Board members, particularly non-executive directors who serve as independent voices on the board, should be champions of this cultural transformation. Ensuring the business has robust mechanisms for handling sensitive cases and supporting victims is essential. This may include considering whether external audits or independent oversight of harassment prevention initiatives are necessary to ensure objectivity and fairness.

Vicarious liability and the role of workplace culture

Under the Worker Protection Act, employers face increased exposure to vicarious liability for harassment committed by employees, even outside of direct management’s awareness. This highlights the need for a strong, ethical workplace culture where harassment is proactively addressed.

The board’s role here is to ensure that anti-harassment practices are deeply integrated into the company’s culture. Encouraging a “speak-up” culture, in which employees feel empowered to report incidents without fear is crucial. Digital tools, which offer confidential reporting and data-driven insights, can help boards oversee and monitor organisational culture, ensuring that any issues are surfaced and addressed promptly.

Practical steps for boards to consider

With the act’s implementation date now upon us, boards must act now to ensure their organisations are fully prepared to meet the new legal requirements. Key actions include:

1. Governance oversight: Ensure that senior management is conducting thorough risk assessments around harassment, particularly in areas where third-party interactions are frequent.

2. Policy review: Regularly review and update anti-harassment policies to ensure compliance with the new law. Ensure policies cover third-party harassment and provide clear processes for reporting and resolution.

3. Training: Verify that all employees, including leadership, receive comprehensive, regular training on harassment prevention. Training should be practical and relevant, equipping staff to recognise and address harassment early.

4. Clear reporting mechanisms: Boards should ensure that the organisation has accessible, confidential reporting systems in place, ideally with a platform for safe and anonymous reporting, supported by data analysis to inform future action.

5. Third-party conduct: Engage with management to establish clear codes of conduct for third-party interactions, ensuring these are communicated effectively and enforced consistently.

6. Ongoing monitoring: Harassment prevention strategies must be dynamic. Boards should ensure that regular reviews of policies and practices are conducted, adjusting as necessary to address evolving risks.

A new era of accountability

The Worker Protection Act marks a significant shift in how employers must approach harassment prevention, with greater emphasis on proactive measures and a broader scope of liability. For board members and non-executive directors, the challenge will be to ensure these legal obligations are met through effective governance, risk management, and cultural leadership.

By acting now, boards can ensure their organisations not only comply with the law but also foster safer, more inclusive workplaces, in which employees feel respected and protected.

Mark Balaam is CEO and founder of safeguarding platform imabi.