From April 2026, a change in UK employment law will reshape how sexual harassment concerns are raised and protected in the workplace. The Employment Rights Act 2025 amends existing whistleblowing legislation so that disclosures about sexual harassment are explicitly treated as protected whistleblowing disclosures. From 6 April 2026, workers who report harassment will have explicit protection against retaliation and unfair dismissal under whistleblowing law.
For compliance and HR professionals, this has significant implications. It clarifies the legal position for workers who raise concerns and places pressure on organisations to examine whether their whistleblowing systems are fit for purpose. Organisations that treat speak-up systems as a compliance afterthought may soon find themselves exposed. Those that strengthen reporting frameworks now will be better positioned to respond when the law takes effect.
Understanding protected whistleblowing disclosures
Whistleblowing in the UK is primarily governed by the Public Interest Disclosure Act 1998 (PIDA), which amended the Employment Rights Act 1996 to introduce legal protection for workers who report wrongdoing. Under that framework, workers are protected from retaliation if they make a “protected disclosure” about certain categories of misconduct and reasonably believe the disclosure is made in the public interest.
The law sets out several recognised forms of wrongdoing that may qualify for protection. These include criminal offences, breaches of legal obligations, miscarriages of justice, dangers to health and safety, environmental damage, and attempts to conceal such wrongdoing.
Where a disclosure meets the statutory criteria, the worker gains specific protections. They must not suffer detriment as a result of the disclosure, and employees cannot be unfairly dismissed for raising such concerns.
These protections are designed to encourage workers to raise issues internally before they escalate into wider organisational or regulatory failures. In compliance terms, whistleblowing systems operate as an early warning mechanism.
The change introduced by the Employment Rights Act 2025
The Employment Rights Act 2025 introduces an important clarification to this framework. From 6 April 2026, disclosures about sexual harassment will explicitly qualify as protected whistleblowing disclosures under the Employment Rights Act 1996.
The reform works by adding sexual harassment to the list of recognised wrongdoing that can form the basis of a protected disclosure. Workers who report that sexual harassment has occurred, is occurring, or is likely to occur will therefore fall squarely within whistleblowing protections.
In practical terms this means:
- Workers who report sexual harassment can rely on whistleblowing protection from detriment
- Employees cannot be dismissed for making such disclosures
- Employers must treat such reports within the framework of whistleblowing law
This clarification largely codifies an interpretation that was already possible under existing law. Previously, sexual harassment complaints could sometimes qualify as protected disclosures if framed as a breach of legal obligations or a health and safety risk. The reform removes ambiguity by making the protection explicit.
Why the clarification matters
On paper the legal shift appears limited. In practice, it may have a meaningful cultural and procedural impact inside organisations.
One challenge with whistleblowing law has always been the complexity of its legal tests. Workers must understand whether their concern falls within the statutory categories of wrongdoing and whether it qualifies as being in the public interest. Many employees simply view harassment as a personal grievance rather than something that triggers whistleblowing protections.
By stating directly that sexual harassment disclosures can be protected disclosures, the legislation signals that harassment can represent a systemic workplace issue with public interest implications.
This may encourage workers to use whistleblowing channels rather than informal complaints, particularly where harassment is repeated, ignored, or embedded within organisational culture.
What “public interest” means in harassment disclosures
For whistleblowing protection to apply, the worker must reasonably believe that the disclosure is made in the public interest.
This requirement does not mean the issue must affect the entire public. Tribunals often assess whether the concern affects others beyond the individual making the complaint, such as colleagues or groups of workers.
In the context of sexual harassment, the public interest threshold may be satisfied where the behaviour affects multiple employees, reflects a wider culture of misconduct, or creates a workplace environment that could harm others.
The clarification introduced by the Act makes it easier for workers to see harassment as a legitimate public interest concern rather than a purely personal dispute.
The wider context: sexual harassment reforms
The whistleblowing amendment is part of a broader shift in UK harassment law. Other provisions connected to the same legislative reform programme will introduce a stronger duty on employers to prevent sexual harassment, including requirements to take “all reasonable steps” to prevent harassment and new obligations relating to third-party harassment. These reforms are expected to take effect in October 2026.
Taken together, these changes indicate a policy direction focused on prevention, reporting and transparency. The whistleblowing change sits within a wider compliance framework that will require employers to demonstrate proactive management of harassment risk.
The UK whistleblowing gap compared with the EU
Whistleblowing has historically been an area where the UK lags behind many European jurisdictions. The EU Whistleblower Protection Directive, introduced in 2019, required organisations with 50 or more employees to implement formal internal reporting channels and strict investigation procedures. Many EU countries now require structured whistleblowing frameworks with independent oversight and defined response timelines.
The UK regime remains more principles-based. Organisations must avoid retaliating against whistleblowers, yet there is no universal statutory requirement for companies to operate formal reporting systems.
As a result, whistleblowing often becomes a compliance blind spot. Policies exist on paper, reporting channels are poorly understood, and many organisations rely heavily on grievance procedures rather than structured speak-up mechanisms.
The explicit inclusion of sexual harassment in whistleblowing law may expose those weaknesses. If workers begin raising harassment concerns through whistleblowing channels, organisations without mature speak-up systems may find themselves unprepared to respond.
Could sexual harassment drive broader whistleblowing reform?
The amendment in the Employment Rights Act may also signal a more gradual shift in the UK’s whistleblowing regime.
For more than a decade policymakers have debated whether the existing framework under the Public Interest Disclosure Act 1998 is fit for purpose. Critics argue that the current model is narrow, reactive and heavily tied to employment tribunals rather than systemic oversight of wrongdoing. Workers are protected mainly after detriment occurs, and the regime applies primarily to employees rather than the wider ecosystem of contractors, volunteers and other actors who may observe misconduct. These limitations have led many campaigners and legal experts to call for a more comprehensive whistleblowing architecture.
Several attempts to reform the system have emerged in Parliament. The most recent proposal is the Office of the Whistleblower Bill, introduced in December 2024 by Labour MP Gareth Snell. The Bill proposes creating a new independent body responsible for setting national whistleblowing standards, overseeing investigations and supporting individuals who report wrongdoing. The proposed office would also act as a central reporting authority, replacing the fragmented landscape of dozens of different regulators that currently receive disclosures.
Previous reform attempts have repeatedly stalled in Parliament due to limited legislative time or lack of government backing. Similar proposals introduced between 2020 and 2022, including bills proposing a Whistleblowing Commissioner or an independent oversight office, all failed to progress before the end of parliamentary sessions.
Against that backdrop, the new protection relating to sexual harassment may represent a more incremental strategy. Rather than overhauling whistleblowing law in one step, the Employment Rights Act expands the scope of protected disclosures in a targeted area that carries strong public and political support.
If harassment disclosures increasingly move through whistleblowing channels, organisations and regulators may begin treating workplace misconduct as part of a broader public-interest reporting system rather than a purely HR issue. Over time this could strengthen the case for more structural reform, including the creation of a central whistleblowing authority.
In that sense, the sexual harassment amendment may not simply be a clarification of employment law. It could also be an early step toward a more comprehensive whistleblowing framework in the UK.
What employers should do before April 2026
Although the legal change itself is narrow, it creates several practical compliance expectations.
Review whistleblowing policies
Policies should clearly state that disclosures relating to sexual harassment may constitute protected disclosures under whistleblowing law.
This helps ensure workers understand their rights and reduces the risk that complaints are mishandled or categorised incorrectly.
Legal guidance already recommends reviewing whistleblowing procedures ahead of the reform to ensure they reflect the new protection.
Align harassment and whistleblowing procedures
Many organisations maintain separate harassment complaint procedures and whistleblowing policies. The legal reform blurs the boundary between the two.
Employers should ensure both processes are aligned and that staff responsible for handling complaints understand when a concern may constitute a protected disclosure.
Train managers and investigators
Managers are often the first point of contact when harassment concerns are raised. If those managers respond incorrectly or discourage reporting, the organisation may face whistleblowing claims for detriment.
Training should therefore include guidance on recognising protected disclosures and escalating them appropriately.
Ensure reporting channels are credible
Workers are unlikely to raise sensitive concerns if reporting channels lack confidentiality or independence.
Organisations should review whether their speak-up systems provide safe, confidential routes for reporting harassment concerns.
Audit investigation procedures
Protected disclosures carry legal implications. Mishandling an investigation could expose the employer to whistleblowing claims.
Organisations should ensure their investigation processes are robust, documented and consistent with employment law expectations.
