Navigating the Evolving UK Employment Law Landscape in 2025

Social Media Screening and the Future of Workplace Compliance

The UK has adopted several new regulatory changes to employment law in recent years. These changes require organizations to adapt to changing legal requirements—one that emphasizes proactive risk management, cultural integrity and accountability, and technological innovation. 

Two recent adjustments to UK Employment Law aim to prevent and mitigate employee misconduct like harassment, bullying, and discrimination. These changes are coming from the Worker Protection Act and the FCA’s Culture and Non-Financial Misconduct Survey (October 2024). 

The necessity from the FCA to be proactive, have internal policies in place and enhanced detection methods put those who are already implementing social media and online screening ahead of the curve.

Here’s what you need to know: 

Strengthening Workplace Protections and Early Compliance Measures

Key drivers of these changes include harassment prevention as well as stopping the spread of financial and non-financial misconduct. To achieve this, UK lawmakers introduced the Worker Protection Act 2023, an Amendment of Equality Act 2010, and regulatory bodies published findings of a comprehensive survey with insights on what’s to come to mitigate Non-Financial Misconduct, especially in Financial Services. 

Worker Protection Act to Prevent Harassment

The Worker Protection Act 2023, known as the “Worker Protection Act,” came into effect on October 26, 2024. It’s an amendment to the Equality Act 2010, which makes it illegal to discriminate against people based on protected characteristics like age, gender, race, religion, sex and sexual orientation, disability status, and more. The Worker Protection Act amendment takes the Equality Act 2010 to another level, and introduces a mandatory duty for all UK employers to take “reasonable steps” to proactively prevent sexual harassment. 

Unlike the previous framework that allowed organizations to rely on an “all reasonable steps” defense after an incident occurred, this new duty demands preventive action. Employers are now expected to conduct thorough risk assessments, establish robust policies and training programs, and implement clear reporting mechanisms to create a culture of accountability.

FCA Cracks Down on Non-Financial Misconduct in Financial Services

Regulatory focus is also intensifying on broader workplace misconduct. Findings from the FCA’s Culture and Non-Financial Misconduct Survey (October 2024) reveal that misconduct such as bullying and discrimination have risen over the past three years. Considering misconduct is contagious and has a social multiplier of 1.59, this increase isn’t surprising. The FCA’s data highlights the necessity for proactive measures in managing workplace culture but also signals that robust internal policies, enhanced detection methods (including whistleblowing and formal escalation processes), and updated disciplinary procedures are critical for maintaining compliance.

While minimal regulatory changes have come alongside the published findings, the FCA did announce that they are using this data to craft upcoming guidelines and sway future public policy. Meaning, these are findings that employers need to be aware of and start acting on to prepare for upcoming changes. 

A New Era of Workplace Compliance, Safety, and Accountability

As the UK’s Employment Law shifts from reactive accountability to proactive prevention, accountability is going to be critical. Accountability starts at setting up the right preventative steps, internal governance and policies, as well as adopting the technological solutions to keep up. To achieve this, employers can:

• Foster a Culture of Transparency: With new legal requirements pushing for more proactive prevention measures—whether in preventing sexual harassment or addressing non-financial misconduct—cultivating a speak-up culture will be essential. Organizations that invest in thorough preventative actions, training, clear reporting channels, and proactive governance structures will not only be compliant but also more resilient in the face of evolving legal challenges.
• Establish Updated Policies and Documentation: In preparation for new or upcoming regulations, it’s a good time to consider updating internal policies and documentation. As signs of misconduct risks continue to be foreshadowed online prior to acts in the workplace, making sure your Code of Conduct and Employee Social Media Policy is up to date is a must. 
• Consider Prevention Across Hiring and Employment: Solutions for misconduct and risk mitigation should take place across both hiring and employment – ensuring ongoing risk assessment from before someone walks through the door to regular rescreening for employee misconduct before it escalates.
• Ensure Accountability Aligns in Severity with Behaviors: Recent court rulings seek to ensure that consequences and accountability align with the severity of the misconduct. In Higgs v Farmor’s School, a teacher re-shared anti-LGBT posts on an anonymized Facebook account and was terminated for “gross misconduct.” The court ruled that while the teacher was certainly sharing harmful and discriminatory content, there were other measures the school should have taken before termination to ensure that the consequences aligned with the behaviors. For example, they could have started by asking her to take the posts down. The workplace extending to online platforms is a trend in the U.K. and also in the U.S.  

How Social Media Screening Ensures Compliance 

Many organizations are navigating these compliance changes and addressing misconduct head-on and proactively through adopting online screening and social media screening solutions. These AI-powered online screening tools, when deployed correctly, can help identify misconduct risks and evaluate candidates' cultural fit—provided they are calibrated against biases and comply with data protection laws. Employers are now understanding that online and social media screening tools are a critical tool for early risk detection:

• Proactive Compliance: By using online screening and social media screening tools, organizations can assess potential risks related to financial misconduct, harassment, violence, or other behaviors that jeopardize workplace safety and productivity.
• Meeting Regulatory Expectations: With increased scrutiny from bodies such as the Equality and Human Rights Commission (EHRC) and the Financial Conduct Authority (FCA), documenting the use of compliant screening methods can serve as evidence that an organization has taken “reasonable steps” to prevent workplace misconduct.
• Adopt Social Media Screening Practices: Implement and document robust, compliant social media screening practices and third-party solution providers like Fama. This ensures that such screening respects candidate privacy, adheres to the UK GDPR, and is used in conjunction with human oversight to ensure bias mitigation. 
• No Recommendations: Online and social media screening solution providers should never recommend any kind of adverse action. Instead, they simply provide employers with an objective tool to uncover misconduct risks and support investigations. 

Solutions like online screening and social media screening are helping organizations fill the gaps in an ethical and compliant way. 

Why These Changes and Solutions are Critical

Organizations that pay attention to workplace safety and employee wellbeing are the most productive and profitable organizations. Thus, ensuring compliance with regulations to prevent misconduct makes business sense. Additionally, it also: 

• Ensures Workplace Safety and Integrity: The converging trends of regulatory reform and technological advancement are reshaping the employment landscape. Enhanced protections against online harassment, violence, and gross misconduct are essential for safeguarding employees and promoting an inclusive, respectful work environment. At the same time, leveraging AI and social media screening—when done responsibly and ethically—provides organizations with powerful tools to identify risks before they manifest into legal or reputational issues.
• Maintains Competitive Advantage Through Compliance: In today’s fast-paced, digital world, compliance isn’t just about avoiding legal penalties—it’s a competitive advantage. Organizations that proactively adopt robust screening methods and integrate cutting-edge AI solutions are better positioned to attract top talent, maintain stakeholder trust, and build a culture of accountability and integrity.
• Balances Innovation with Responsibility: While AI and online screening offer tremendous benefits, they must be balanced with ethical considerations and strict adherence to legal standards. By ensuring that these tools are used in a compliant manner, organizations can protect both their workforce and their reputation, all while driving forward innovation in recruitment and employee management.

Conclusion

With the Worker Protection Act set to reshape harassment prevention, extensive consultations around the Employment Rights Bill, and an increasing reliance on AI and online screening, organizations must be agile and forward-thinking. By embracing compliant social media screening, employers can not only meet these new regulatory demands but also foster safer, more resilient workplace cultures—ultimately securing their long-term success in an ever-evolving legal landscape.