From 6 April 2026, disclosures about sexual harassment can qualify for whistleblowing protection under the existing legal framework.
For employers, this matters because it changes how some workplace concerns may be raised and how they need to be handled.
A report about sexual harassment may no longer sit only within grievance or conduct procedures. In some cases, it may also amount to a protected disclosure, bringing with it legal protection against detriment and, for employees, unfair dismissal.
Whistleblowing Protection Changes for Employment Rights Act 2025
The key reform is that the Act makes clear that disclosures about sexual harassment can be protected under whistleblowing law.
Before this change, workers often had to argue that a disclosure about sexual harassment fitted into an existing category, such as a health and safety risk. The new provision gives greater clarity by making sexual harassment an explicit route into whistleblowing protection.
This does not mean every complaint about sexual harassment will automatically qualify. The usual whistleblowing guidelines still apply. The worker must reasonably believe that the disclosure tends to show a qualifying wrongdoing and that it is in the public interest.
The government has said that public interest will generally mean the issue affects others, not only the individual worker.
Why This Matters For Employers
Employers now need to assume that some sexual harassment concerns may trigger whistleblowing risk as well as employment relations risk.
That has two important consequences. First, internal reporting routes need to be able to recognise when a complaint may also be a protected disclosure. Second, employers need to think carefully about retaliation risk after a report is made.
Whistleblowing protection covers detriment as well as dismissal, so the legal issue is not limited to whether the allegation is upheld. It also includes how the worker is treated after speaking up.
For employers, that means managers, HR teams, and investigators should be able to identify when a concern about sexual harassment may need to be handled with whistleblowing protections in mind.
The Link to Sexual Harassment Prevention Duties
This reform comes alongside a broader strengthening of employer duties on sexual harassment.
Since October 2024, employers have been under a duty to take reasonable steps to prevent sexual harassment at work. Under the Employment Rights Act 2025, that duty will be strengthened to require employers to take “all reasonable steps”, and the Act also enables regulations to specify steps employers must take.
The Act also expands protection in relation to harassment by third parties, which is particularly relevant where staff deal with clients, customers, suppliers, or members of the public.
This raises the standard expected of employers. Policies, reporting systems, training, and risk management processes all need to reflect the fact that harassment prevention and whistleblowing protection are becoming more closely connected.
What Employers Should Review Now
Employers should start by reviewing whistleblowing, grievance, and anti-harassment procedures to ensure there are no gaps between them. A sexual harassment concern may begin as a conduct complaint, but it may also need to be handled as a protected disclosure depending on how it is raised and the surrounding circumstances.
They should also review anti-retaliation safeguards. This includes looking at how concerns are escalated, who handles them, how confidentiality is managed, and how the organisation monitors the treatment of the reporting worker after a disclosure is made.
Training is another priority. Many employers updated their approach when the October 2024 duty came into force. However, the move to an “all reasonable steps” standard means it is worth reviewing whether managers and staff have been trained thoroughly enough, especially in higher-risk environments or customer-facing roles.
How Premier Legal Can Help
The Employment Rights Act 2025 does not create a brand-new whistleblowing regime, but it does strengthen protections in an important area by making clear that disclosures about sexual harassment can qualify for whistleblowing protection.
For employers, that increases the importance of having reporting procedures, anti-retaliation safeguards, and harassment prevention measures that are robust in practice.
With the wider duty to prevent sexual harassment also becoming more demanding in October 2027, this is a good moment for employers to review policies, training, and reporting routes to make sure they reflect the new legal position and the higher standard now expected.
At Premier Legal, we can help review contracts and policies to ensure they are up to date with the new Employment Rights Act 2025 changes. We can also provide ongoing HR and legal guidance alongside training to minimise any legal risk. Contact us today to see how we can help you.
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Author
sarahrobinson@premier-legal.co.uk
Sarah Robinson is the Managing Partner and has specialised exclusively in employment law since qualifying as a solicitor in 1996.
Sarah has considerable experience of representing clients in many different industry sectors including insurance and financial services, corporate finance, technology, legal services, automotive, hotel and catering and media as well as the public sector.
Areas of particular interest include restrictive covenants, TUPE and advising in relation to discrimination.