One year on from the introduction of the Worker Protection Act (WPA), organisations across the UK are navigating a profound shift in how sexual harassment is prevented, addressed and understood at work. This legislation marked a clear move away from reactive responses towards proactive responsibility, placing dignity, safety and respect firmly at the centre of workplace culture.
As a leading training provider in preventing sexual harassment, ICENA has worked alongside employers over the past year to translate legal duties into meaningful, inclusive action. With further changes on the horizon in 2026, now is the moment to reflect on lessons learned, assess readiness, and strengthen commitment to safe, empowered workplaces for all.
Background: What Is the Worker Protection Act?
The Worker Protection Act (Amendment of Equality Act 2010) represents one of the most significant developments in UK workplace protections in a decade.
WPA basics
The Act introduces a new legal duty on employers to take reasonable steps to prevent sexual harassment of their employees in the course of employment. This duty applies regardless of whether a complaint has been raised.
Commencement
The Act came into force on 26 October 2024, following a transitional period designed to give employers time to prepare.
Purpose: From reactive to proactive
Historically, sexual harassment law focused on how employers responded after an incident occurred. The WPA changes that dynamic entirely. It requires employers to anticipate risk, assess vulnerabilities, and actively work to prevent harm before it happens.
Key parameters and limitations
- Employers must demonstrate they have taken reasonable steps to prevent harassment.
- What is “reasonable” depends on factors such as organisational size, sector, and risk exposure.
- Importantly, third-party harassment (e.g. from customers or clients) is not yet fully covered, a gap that is expected to close under future legislation.
One Year In: Early Impact & Key Developments
Key milestones
- Late 2024: Employers update policies and seek guidance on compliance
- Early 2025: Increased demand for specialist training and risk assessments
- Mid–Late 2025: Greater focus on documentation and evidence of preventive steps
Employer responses
Many organisations have:
- Refreshed dignity at work and anti-harassment policies
- Introduced or expanded mandatory training
- Strengthened reporting and escalation mechanisms
- Appointed internal champions or leads for harassment prevention
Challenges faced
- Interpreting what constitutes reasonable steps in practice
- Balancing compliance with operational and financial pressures
- Managing uncertainty around third-party harassment
- Ensuring training is meaningful rather than a tick-box exercise
Enforcement and interpretation
While formal case law remains limited in the Act’s first year, the Equality and Human Rights Commission (EHRC) has made clear it will expect employers to evidence proactive measures. Tribunals can apply an uplift of up to 25% on compensation if the duty is breached.
Operationalising the duty
Forward-thinking organisations are embedding prevention into everyday practice — from onboarding and leadership behaviours to contractor management and workplace design.
What Employers Need to Watch in 2026
Expansion of New Duties under the Employment Rights Bill (ERB)
Significant reforms are expected under the proposed Employment Rights Bill:
- From April 2026: Sexual harassment will be included within whistleblowing protections, allowing disclosures to be treated as protected disclosures.
- From October 2026: The standard will rise from “reasonable steps” to “all reasonable steps”, setting a higher bar for compliance.
- From October 2026: Employers will become liable for third-party harassment, covering customers, service users, and suppliers.
- NDA restrictions: Confidentiality clauses will be limited so they cannot prevent disclosures or claims relating to harassment.
- Tribunal reforms: Extended time limits for claims and changes to enforcement, including the creation of a Fair Work Agency.
Strategic Implications & Compliance Risks
These changes will significantly increase employer exposure:
- A higher legal standard means greater scrutiny
- Failure to act proactively may carry financial and reputational risk
- Documentation will be critical, intent alone will not be enough
Organisations will need to rethink:
- Training depth and frequency
- How reporting systems support psychological safety
- Contractual terms with third parties
- Leadership accountability and cultural indicators
Preparing Now: Action Plan for Employers
Employers who act early will be best placed to comply and lead with integrity:
- Review and strengthen harassment policies to reflect proactive prevention
- Update training programmes, ensuring they are role-specific, inclusive and practical
- Enhance reporting and whistleblowing systems, with clear protections against victimisation
- Document steps taken, including training records, risk assessments and reviews
- Review third-party relationships and update contracts to address conduct expectations
- Undertake audits and scenario planning to test readiness for “all reasonable steps”
ICENA supports organisations at every stage of this journey, from foundational training to advanced culture change programmes.
Comparative Analysis & Best Practices
Before and after WPA
Pre-WPA, many employers relied on policies alone. One year on, best practice shows that policies without action are insufficient.
High-risk sectors
Industries such as hospitality, healthcare, retail and logistics, where staff interact frequently with the public, have led innovation through:
- Bystander intervention training
- Clear escalation routes for third-party incidents
- Visible leadership commitment
Examples of good practice
- Regular, scenario-based training rather than one-off sessions
- Company culture surveys to help organisations identify and underlying risks and how safe staff feel
- Anonymous reporting tools with clear follow-up processes
- Board-level oversight of harassment prevention metrics
Benchmarking for 2026
Organisations already aligning with Employees Rights Bill and Workers Protection Act are finding the transition smoother, demonstrating that prevention-led cultures are also resilient cultures.
FAQs About WPA and 2026 Changes
What counts as a “reasonable step” under WPA?
It may include tailored training, company climate audits, risk assessments, clear policies, effective reporting systems, and prompt action on concerns. What is reasonable depends on your context.
Do we need to cover third-party harassment now?
While not yet mandatory, addressing third-party risk now is strongly recommended and aligns with upcoming 2026 duties.
When does “all reasonable steps” take effect?
This higher standard is expected to apply from October 2026.
How should we treat NDAs?
NDAs should never prevent individuals from reporting or pursuing harassment claims. Review existing templates carefully.
What if a complaint was made before WPA took effect?
The WPA duty applies from October 2024 onwards, but past complaints may still inform whether preventive steps were adequate.
Conclusion & Call to Action
One year on, the Worker Protection Act has made one thing clear: preventing sexual harassment is not optional — it is fundamental to healthy, inclusive workplaces. With 2026 reforms approaching, employers have a vital window to move beyond compliance and lead with purpose.
By acting now — strengthening training, embedding prevention, and centring dignity at work — organisations can protect their people and their future.
ICENA stands ready to support you with expert-led, empowering training that builds confidence, capability and culture. The time to prepare is now.
