Out-Law Analysis 4 min. read

The merits of active bystander training in preventing workplace harassment

Commuters walk to work in the city of London

Reports of workplace sexual harassment have increased in recent years. Photo: Peter Macdiarmid / Getty


As reports of workplace sexual harassment rise in the UK in the wake of the Worker Protection Act, there’s a growing case for more organisations to undertake active bystander training to empower individuals to take meaningful action in real time.

There has been a steady increase in reports of workplace sexual harassment in the UK in recent years following the passing and implementation of the Worker Protection Act 2023 – a new duty for employers to prevent sexual harassment of their workers.

In the immediate aftermath of the act gaining Royal Assent in October 2023, there was a 6.2% increase in Acas reports from employees reporting sex discrimination disputes, according to a freedom of information request. In total, 16% of reports made in the nine months prior to February 2025 mentioned harassment or sexual harassment.

The new law came into force in October 2024, prompting a much bigger increase in reporting. Employer reports of sexual harassment rose by a staggering 164%, exceeding 100 for the first time since records began. The total number of calls from employers and employees was 110% higher in the third quarter of 2024 compared with the same period in 2023.

It is widely understood that this increase in calls is due to better awareness of what does or does not constitute sexual harassment in the workplace. Employers and employees alike are now more confident and readily able to identify where sexual harassment has occurred and therefore feel more empowered to report incidences of such behaviour.

The scale of the problem

The #MeToo movement increased awareness of the scale of the problem of sexual harassment globally. Despite greater awareness and greater reporting rates, there are concerns that the movement has done little to improve workplace culture.

In March 2024 the Treasury Committee published a final report on its Sexism in the City inquiry (54-page / 583KB PDF), which found that nearly 50% of women working in the financial services sector had experienced sexual harassment. The committee said it was “shocking” both how prevalent sexual harassment and bullying still was across the sector as well as “how poorly” firms continue to handle allegations of such misconduct.

Although these issues are not exclusive to the financial services sector, campaign group Can’t Buy My Silence told the inquiry that 77% of financial sector workers that encounter sexual harassment or bullying in the workplace do not formally report it – 17% higher than the rate of non-reporting in other industries.

Bullying and harassment, including sexual harassment, has been considered a non-financial misconduct regulatory issue for the Financial Conduct Authority (FCA) since 2018. In October 2024 the FCA published a survey of over 1,000 firms that identified a 72% increase in the number of non-financial misconduct allegations reported between 2021 and 2023.

However, the FCA noted that the data "could be read in different ways". It said that a high number of complaints could be an indicator of a healthier culture in which people feel they can speak up, confident they will be listened to, whereas a low reporting rate may indicate the opposite. 

In the three years covered by the survey, 26% of the concerns related to bullying and harassment and 23% to discrimination. However, 41% of reports related to 'other' categories, indicating just how difficult it can be to categorise issues of personal misconduct. 

Historically it has been unclear whether rules around bullying and harassment qualifying as misconduct were implemented in any organisations other than banks. From 1 September 2026, these rules will be extended to around 37,000 other regulated organisations to increase consistency across the financial services sector.

The FCA’s draft guidance covers how firms should consider non-financial misconduct when assessing whether an individual is fit and proper to work in financial services. This includes how firms should consider use of social media and the relevance of behaviour in private and personal life.

The case for active bystander training

The implementation of the Worker Protection Act 2023 came with guidance from the Equality and Human Rights Commission (EHRC) stating that employers should provide effective training to their employees on what constitutes sexual harassment.

However, #MeToo and other movements have highlighted the important role of allies and active bystanders in different settings. Effective training must include training on active bystander techniques that will equip individuals with the skills to recognise where sexual harassment occurs and make an informed decision on the appropriate intervention techniques given the specific circumstances in which they may find themselves.

Research shows that most harassment reports involve microaggressions and everyday sexism, not overt misconduct. Active bystander techniques – such as distraction, direct challenge, or seeking support – help interrupt these behaviours early, reducing the likelihood of escalation.

This type of training also resonates strongly with employees because it is proactive and equips them with practical tools to prevent harm before it escalates. Employees value training that feels relevant and actionable. Rather than focusing solely on compliance or reactive reporting, it empowers individuals to take meaningful action in real time and gives people confidence to intervene safely and appropriately when they witness problematic behaviour. This sense of agency builds engagement because participants see how their actions can make a tangible difference to workplace culture.

By framing the training as “your opportunity to prevent issues before they happen”, organisations also position it as a positive, forward-looking initiative rather than a punitive measure. This approach not only supports compliance with the Worker Protection Act, but also strengthens trust, inclusion, and psychological safety across teams.

As employees become accustomed to challenging inappropriate behaviour, norms shift. This ‘friction’ effect – where people pause and consider before speaking or acting – reduces not only sexual harassment, but also bullying, exclusionary banter, and other negative behaviours. Active bystander training complements compliance frameworks by embedding early-warning systems into daily interactions, supporting both cultural maturity and regulatory expectations.

Such techniques are not confined to sexual harassment issues and can be applied more widely across organisations. By empowering staff to act, organisations reinforce a ‘speak up’ culture, which regulators like the FCA identify as critical to reducing cultural failings that allow misconduct to persist.

Businesses can continue to invest in active bystander training in a more sustainable and cost-effective manner by upskilling select groups of employees to deliver workshops to their peers and wider colleagues. By proactively identifying individuals familiar to your organisation to champion active bystander techniques and proactively preventing sexual harassment in the workplace, the individual acts encouraged by the new duty become more ingrained into the day-to-day workings of your organisational culture.

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