As the Worker Protection Act (WPA) reaches its first anniversary, organisations across the UK are asking: What’s changed? Has the new proactive duty led to safer, more respectful workplaces? And how can employers move beyond compliance to truly prevent harassment?
We sat down with and Kat (Head of Training and Consultancy) to reflect on what’s working, what isn’t and what still needs to be done. We are really looking forward to sharing her lessons from a year of supporting organisations to embed prevention and accountability.
With major legal updates arriving in 2026, including enhanced employer duties and expanded protections, organisations need to understand not only what has changed so far but what is coming next.
Background: What Is the Worker Protection Act?
For those who may not be familiar, can you explain what the Workers Protection Act is and what it actually means for employers?
Absolutely. The Worker Protection (Amendment of Equality Act) Act 2023 came into force on 26 October 2024, and it represents a real shift in the way the law approaches workplace sexual harassment.
Before, employers were expected to respond to incidents once they happened. Now, they have a proactive legal duty to take reasonable steps to prevent sexual harassment from occurring in the first place. That shift from reaction to prevention is fundamental. It’s no longer enough to say, “what do we do if it happens?”. The question is now, “what are we doing to make sure it doesn’t?”
The Act also extends protection to third-party harassment meaning if someone is harassed by a client, customer, or contractor, and the employer hasn’t taken reasonable steps to prevent it, the employer can be held liable.
While the Act strengthens duties, some provisions, such as fuller third-party harassment liability, do not take full effect until 2026, meaning employers need to be aware of current and upcoming expectations.
And there are real consequences – compensation can increase by up to 25% where employers fail to meet this duty.
But for us, this isn’t just about legal compliance. It’s about creating cultures where people feel safe, respected, and confident they’ll be taken seriously if they do speak up.
One Year In: Early Impact & Key Developments
How have employers responded in the year since the Act came into force?
It’s been a year of rapid updates and new initiatives, but also ongoing uncertainty. Many organisations have updated their policies, introduced new training, and started reviewing risk assessments. But while the intention is there, understanding what “reasonable steps” look like in practice remains a challenge.
We still hear from HR professionals who feel uncertain about whether they’re doing enough. In fact, a recent People Management survey found that 54% are concerned their organisation hasn’t done enough to comply with the WPA. Moreover, the same research showed that 41% had not carried out a sexual harassment risk assessment, and 22% were unsure whether they had a valid one in place. And training is lagging too – only 45% of businesses reported they had provided sexual-harassment training for all staff since the duty took effect, while 34% had provided none.
Over the past year, key milestones have included updated EHRC guidance and early signals about how tribunals might interpret “reasonable steps,” including scrutiny of training frequency and quality, risk assessments, and reporting systems. Although case law is still emerging, there is a clear trend toward expecting robust prevention measures.
The good news is that we’re seeing more curiosity and honesty. Employers are asking the right questions, such as “where do risks really sit in our organisation? What are our employees experiencing day to day? What do we need to change, not just on paper, but in practice?”
That’s where real progress begins because harassment isn’t just about induvial behaviour – it’s structural.
You’ve said that “harassment is structural.” Can you explain what you mean by that?
Yes – and this is key. Harassment doesn’t happen in a vacuum. It’s not just about individuals behaving badly – it’s about systems, power dynamics, and silence. Harassment is sustained by the same forces that drive wider workplace inequalities – power imbalances, systems of oppression, gender inequality, and cultures of silence.
When we look at patterns across organisations, whether in corporate firms, universities, or the public and voluntary sectors, the same themes emerge:
- Power imbalances that protect some and silence others – where junior staff, agency workers, or those on insecure contracts feel they can’t challenge behaviour without risking their jobs.
- Cultures where sexism, racism or homophobia are minimised as “banter” – dismissing and normalising harm.
- Leadership avoidance – where managers prioritise reputation management over staff safety.
- Reporting systems that don’t feel safe or trusted – where complaints vanish into HR processes with little feedback or visible change.
- Lack of accountability at the top – where senior figures are quietly moved on rather than held responsible.
So, compliance alone isn’t enough (and it never was). To truly prevent harassment, organisations have to go deeper – rebuild systems around respect, accountability, and inclusion and embed them at every level. That means leadership modelling the standard, structures that protect people rather than reputations, and honest, ongoing dialogue that challenges silence.
So, how do we actually start to change that? What are the most effective actions you’ve seen organisations take over the past year?
We’ve seen some genuinely transformative work this year. The organisations making real progress are those that combine data, transparency, and survivor-centred design. At ICENA, we use a prevention framework built around six core areas that help organisations move beyond compliance and towards real, cultural change.
- Conducting Climate Surveys: Climate surveys are powerful because they provide an independent view of workplace culture. They ask staff about their lived experience.
One organisation we worked with commissioned a sexual harassment survey following an internal incident. They asked staff how safe they felt, how confident they were in leadership, and whether they trusted the reporting process. The leadership didn’t hide the results — they shared them openly, acknowledged shortcomings, and created a clear action plan. For staff, that transparency was a turning point. It sent a message: “we’re ready to listen, learn and change.”
- Mapping Risk: Another powerful step we’ve seen organisations take this year is looking honestly at where risks of harassment really sit – not just in policy, but in culture, systems, and everyday interactions. Conducting a sexual harassment risk assessment helps organisations move from reacting to incidents, to understanding the conditions that make them possible in the first place.
We worked with a hospitality client to understand why incidents kept happening despite strong policies and regular training. The risk assessment revealed patterns: junior staff felt unable to challenge inappropriate jokes, women avoided certain shifts because of particular groups, and supervisors were unsure how far they could step in. By mapping these risks, the organisation identified gaps in safety and support. They responded by clarifying reporting pathways for third-party incidents, revising shift patterns to reduce isolation, and providing training focused on bystander intervention and manager confidence. The process wasn’t about blame – it was about understanding where people felt unsafe, and what needed to change so everyone could do their job without fear of harassment.
- Redesigning Policies with Staff: A policy alone won’t change culture but when it’s done well, it can set the tone.
We supported one organisation to rewrite its sexual harassment policy in collaboration with employees at all levels. Staff contributed real examples of how issues arise and how they’d like them handled. When it was launched, the organisation made it visible. There was a town hall event, team meetings, a campaign on internal channels, and follow-up conversations with managers. That inclusive process gave the policy life – it became a shared commitment, not just a document.
- Making Training Meaningful: Training is one of the most visible ways to drive prevention. It is most effective when it’s regular, interactive, grounded in the realities of the organisation and tailored to the real situations employees face.
One professional services firm used anonymised, sector-relevant case studies to help staff practise responding to inappropriate remarks from clients. This approach moved people from simply being aware of the issues to feeling confident in how to act. The training incorporated the organisation’s own risk assessment findings, policies, and procedures, while also emphasising how concerns would be handled, including expectations around confidentiality and the support available.
- Embedding Trauma-Informed Reporting and Responses: Another powerful change we’ve seen is organisations embedding trauma-informed practice into their reporting and response processes. For example, ensuring staff can report in multiple, confidential ways and that HR advisers, investigators, and panel members are equipped to respond.
One client we supported completely redesigned theirs – introducing anonymous reporting ensuring communication was empathetic and transparent, setting clearer timelines, and introducing choice and control for reporting parties. It’s made a tangible difference: more staff are now satisfied with the organisation’s response has increased significantly.
- Monitoring and Evaluating Progress: Finally, meaningful prevention is ongoing – it doesn’t stop when the policy is launched or the training is delivered.
One organisation we supported created a working group to continuously monitor progress, review data, and centre staff feedback into ongoing improvements. They also added questions about safety and respect into their exit interviews. That commitment to learning means prevention isn’t a one-time exercise – they treat culture as a live system that needs ongoing care
What has been one of the biggest challenges you’ve seen employers still face since the WPA came into force?
One of the main challenges is managing harassment from third parties – clients, customers, contractors, or partners. The Act now holds employers accountable if staff experience harassment from a third party and reasonable steps weren’t taken to prevent it.
Imagine a client behaves inappropriately – employers often fear damaging relationships or losing business if they challenge their behaviour. And sometimes, attempts to “protect” staff, like moving them off an account where they feel unsafe, can unintentionally affect career progression, visibility, or income.
The goal is to stop the behaviour without disadvantaging the employee.
Our top tips:
- Be explicit – name third parties in policies and training so everyone understands their behaviour will be addressed.
- Make reporting routes for third-party harassment clear.
- Set expectations early – build values of respect into contracts.
- Have peer-to-peer conversations between senior counterparts when incidents occur.
- Document and follow up – visibility builds trust.
- But most importantly – avoid unintended harm. Make any role or project changes with the employee, not to them.
successfully navigating these situations relies heavily on strong leadership and clear guidance for staff.
You mentioned leadership there – what role do you think leaders play in preventing harassment?
Leadership really sets the tone. Culture starts at the top. Staff look to senior leaders to see what behaviour is acceptable and what isn’t. Leaders need to model inclusive, respectful behaviour, allocate resources and budget, and ensure accountability, including holding themselves accountable.
When leaders actively champion prevention and respond appropriately to incidents, it reinforces trust across the organisation. Without that visible support, even the best policies or training can struggle to make an impact. When leaders set the tone, everything else follows. When they don’t, silence does.
And when leaders build that trust, people are far more likely to come forward — to report, to share concerns, and to believe that their experience will be taken seriously.
But doesn’t that create a new challenge – won’t there suddenly be more reports?
That is actually a really important point. This surprises some people – but an increase in reports is often a good thing. It means people trust the process. A workplace with zero reports isn’t necessarily safe – it may just be silent.
Companies need to understand and acknowledge that an increase in reporting is actually a sign of progress. It might feel counterintuitive, but the more reports an organisation receives, the more it demonstrates that employees trust the organisation to respond to their concerns. Conversely, very few reports can signal low trust rather than the absence of harassment – incidents may simply not be reported.
Transparency is crucial. Employees watch closely how cases are handled, so communicating what action was taken, even when confidentiality limits the detail that can be shared, helps build trust. Organisations should act swiftly and fairly on all reports. Share this with their employees. Then, use insights from disclosures to continuously improve policies, training, and leadership practices. In this way, increased reporting becomes a driver for meaningful, lasting cultural change.
What Employers Need to Watch in 2026
Looking ahead, what legal or cultural changes should employers be preparing for in 2026?
Expansion of New Duties under the Employment Rights Bill (ERB)
There are some big shifts on the horizon:
- Under the Employment Rights Bill, from April 2026, sexual harassment disclosures will fall under whistleblowing legislation, giving stronger protection to those who speak up.
- From October 2026, the duty rises from taking “reasonable steps” to taking “ALL reasonable steps. That’s a significant elevation of expectation.
- From October 2026, full employer liability for third-party harassment will come into force.
- And, non-disclosure agreements (NDAs) will no longer be able to silence disclosures of harassment or discrimination.
- The Employment Rights Bill will also extend tribunal claim time limits and introduce the new Fair Work Agency, strengthening enforcement and expectations for employers.
These changes significantly increase compliance exposure. Employers will need strong documentation, updated risk assessments, and clear processes for addressing third-party risks and contractor behaviour to evidence “all reasonable steps.
These changes raise the bar. Employers will need to show not just compliance, but commitment.
Preparing Now: Action Plan for Employers
With these upcoming changes, how should employers be preparing and how can ICENA support organisations to continue building on the progress they’ve already made?
Action Plan for Employers: To prepare for the 2026 changes, employers should begin strengthening:
- Harassment policies.
- Training programmes for all staff and managers.
- Reporting and whistleblowing systems.
- Documentation and compliance logs.
- Contracts and expectations with third parties.
- Scenario planning and audit processes.
Taking these steps now will put organisations on the front foot before the legal threshold rises.
Comparative Analysis and Best Practices: Compared with the pre-WPA landscape, the first year shows a marked increase in proactive prevention. Sectors with high third-party interaction, such as hospitality and retail, have led the development of clearer reporting routes, stronger bystander training, and regular risk assessments. These examples provide useful benchmarks as organisations prepare for the enhanced 2026 duties.
At ICENA, we’ve developed a suite of interactive Refresher Sessions for teams who have already completed foundational training. These 90-minute workshops help teams revisit key principles, strengthen prevention skills, and reconnect with their organisation’s commitment to safety, inclusion and respect.
Each session:
- Reinforces core principles and responsbilities under the Worker Protection Act.
- Brings participants up to date with new legal and cultural developments highlighting new insignts and trends.
- Revisits and reinforces how to recognise, challenge, and prevent inappropriate behaviour.
- Provide space for reflection and discussion on progress, ongoing challenges and next steps renewing confidence.
They’re available in-person, online, or via eLearning and are designed for staff at all levels.
And for organisations ready to lead the way, we offer the ICENA Dignity at Work Accreditation: Safer, More Respectful, Inclusive Workplaces. It highlights employers who take a comprehensive, evidence-based approach to preventing sexual harassment and fostering respectful workplaces.
Through seven stages of support and assessment, organisations receive guidance and verification across four key areas (training, policies, reporting and audit), demonstrating their commitment to safe, respectful, and inclusive workplaces:
The accreditation symbolises not just compliance, but leadership – showing the organisation’s workforce and stakeholders that safety, respect, and inclusion are embedded values. It’s more than a badge: it’s a public commitment to your people.
Finally, what’s your message to employers one year on from the Worker Protection Act?
Prevention isn’t a project – it’s a culture. The organisations making progress are the ones that approach this with humility and accountability.
Ask the hard questions. Listen to your staff. Share what you’re learning, even when it’s uncomfortable.
Because real prevention isn’t about perfection – it’s about progress, partnership, and persistence.
And with major legal changes coming in 2026, organisations that act now, reviewing systems, strengthening training, improving reporting pathways, and documenting evidence, will be best prepared. If your organisation needs support with training, policy reviews, risk assessments or audit work, ICENA is here to help you build a safer, more respectful workplace.
FAQs About the Worker Protection Act and 2026 Changes
What counts as a “reasonable step” under the WPA?
Reasonable steps include up-to-date policies, frequent and meaningful training, risk assessments, accessible reporting systems, and leadership accountability.
Do we need to cover third-party harassment now?
Yes – employers already have a duty to take reasonable steps to prevent it. Full liability arrives in 2026.
When does “all reasonable steps” take effect?
October 2026.
How should we treat NDAs?
From 2026, NDAs must not restrict disclosures about harassment or discrimination.
What if a complaint was made before the WPA took effect?
It should still be handled under current best practice, with the WPA duty applying to actions taken after commencement.
