What the Worker Protection Act 2023 means for estate agents
The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force in October 2024, introducing the most significant change to UK harassment law in a generation. Employers are now legally required to take proactive, anticipatory steps to prevent sexual harassment — not merely respond to complaints after they occur.
For the UK property sector, this obligation is acute. Estate agents, letting agents, and property managers routinely conduct solo viewings with clients they have never met, in unoccupied properties, without colleagues present. The Act explicitly extends employer liability to third-party harassment — meaning a client who harasses a negotiator during a viewing creates direct financial liability for the employing agency.
The +25% tribunal uplift
The Act grants employment tribunals the power to increase compensation by up to 25% where an employer is found to have failed to take reasonable preventative steps. With the current average harassment tribunal award standing at £53,403 — itself uncapped by law — this uplift escalates the typical exposure to approximately £67,000 before legal costs are considered.
The Equality and Human Rights Commission (EHRC) has been explicit: passive policies in staff handbooks do not constitute adequate preventative steps. The law requires demonstrable, operational systems that actively protect workers in the field.
What the EHRC says about property viewings
The EHRC updated its 8-step employer guidance in September 2024. Step 7 specifically addresses third-party harassment — directly relevant to client-facing estate agents. The EHRC guidance states that employers must:
- Assess the specific risks posed by third-party contact
- Implement systems that allow workers to raise alarms immediately
- Maintain records of all incidents, including those not formally reported
- Ensure workers have private, confidential channels to report concerns
A standard mobile phone satisfies none of these requirements under the updated guidance.
The 53% compliance gap in the property sector
Research indicates that 53% of UK estate agencies currently operate without any formal lone worker policy — placing them in direct violation of the Act. A further 82% of property agents report that their safety is not taken seriously enough by their employer, and only 22% feel genuinely safe when conducting solo viewings.
This is not a theoretical risk. Employment tribunal caseloads have risen 49% year-on-year, with 831,000 cases currently open. The combination of increased litigation and an elevated legal standard creates an environment where non-compliant employers face near-certain financial exposure.
How The Sentry satisfies WPA 2023
The Sentry addresses all four core operational requirements of the Worker Protection Act 2023:
Live location tracking creates a verifiable, encrypted audit trail of all solo viewing activity, proving the employer maintains active oversight of field staff at all times.
One-touch panic alarm with automatic video capture provides the instantaneous emergency response capability that the HSE explicitly requires — far exceeding the response capability of a standard mobile phone.
Private incident reporting channel provides the confidential, EHRC Step 4-compliant reporting mechanism that allows staff to disclose harassment without fear of retaliation or exposure.
Compliance documentation pack delivers the documented policy framework, risk assessments, and staff communication templates that demonstrate proactive employer action — the essential legal defence under the Act.
WhatsApp check-ins are legally indefensible
Many estate agencies rely on informal WhatsApp check-ins as their primary lone worker safety mechanism. Under the Worker Protection Act 2023, this practice is legally indefensible for three reasons:
- WhatsApp does not provide an automated emergency escalation pathway
- Message threads do not constitute a legally admissible encrypted audit trail
- The absence of a guaranteed response mechanism fails HSE INDG73 standards
The October 2024 implementation of the Act marked the point at which informal check-in systems became a demonstrable compliance failure — not merely a best-practice gap.
Employer liability insurance implications
Insurance industry legal teams have begun assessing WPA 2023 compliance as part of employer liability underwriting. Wilful non-compliance — particularly where an employer is aware of the legal standard and has failed to act — can constitute grounds for insurers to decline claims or invalidate policies entirely. This transforms the compliance risk from a theoretical tribunal exposure into an immediate operational and financial liability.
Key dates and actions
- October 2024: Worker Protection Act 2023 in force — proactive duty applies immediately
- April 2026: ERA 2025 whistleblowing provisions live — harassment reports are now protected disclosures
- October 2026: ERA 2025 ‘all reasonable steps’ duty — strict third-party liability reinstated
With a recommended 6–9 month lead time for full compliance deployment, estate agencies that have not yet implemented a dedicated lone worker safety system are operating on increasingly thin legal ice.
Rebecca Evans is founder of The Sentry, specialising in UK employment law obligations and lone worker safety for the property sector.