Insights

Whistleblowing Protections and Sexual Harassment: What Changed for Employers?

March 25, 2026

Marley Quilty

Whistle

From 6 April 2026, sexual harassment becomes a qualifying disclosure under whistleblowing law. That means workers who report sexual harassment at work can have clearer protection under whistleblowing law against detriment and, for employees, unfair dismissal. Acas and the government both set out that this change took effect on 6 April 2026 as part of the Employment Rights Act 2025. 

On paper, that might sound like a small legal tidy-up. In practice, it matters. Before this change, someone reporting sexual harassment at work would often have to argue that their concern fitted one of the existing whistleblowing categories, such as a danger to health and safety or a breach of a legal duty. Now the position is much clearer. Sexual harassment disclosures can sit squarely within whistleblowing law. 

For employers, that means one thing: reports of sexual harassment will be a protected disclosure, and that changes the risk if the person who speaks up is treated badly afterwards. 

What has actually changed?

The core change is that workers who report sexual harassment can now benefit from clearer whistleblowing protections. Government guidance says workers who blow the whistle on sexual harassment can be protected from detriment, and employees can be protected from unfair dismissal. 

The law already gave protection for whistleblowing, but the route was less obvious in harassment cases. A worker might have needed to frame the issue as something else, for example a health and safety risk. The April 2026 reform removes a lot of that uncertainty. 

It is still worth being clear on one point. This does not mean every complaint automatically becomes a winning whistleblowing claim. The wider rules around protected disclosure still matter. But for employers, the practical takeaway is simple: if someone raises concerns about sexual harassment, treat that concern carefully from the outset and do not assume it sits outside whistleblowing law. 

Why this matters now

This April change sits within a bigger shift in UK employment law around sexual harassment.

Since 26 October 2024, employers have already had a legal duty to take reasonable steps to prevent sexual harassment. The next major step is due in October 2026, when the law is expected to raise that standard to all reasonable steps and introduce liability for third party harassment. In other words, April is about stronger speak-up protection, and October is about a tougher prevention duty. 

That is why this whistleblowing change matters more than it might first appear. It is part of a broader message from government: employers are expected not just to respond when something goes wrong, but to create workplaces where people can raise concerns about sexual harassment without fear. 

What should employers do now?

First, review your whistleblowing policy. If sexual harassment is not clearly mentioned as something that can be raised through whistleblowing channels, it is worth updating. Government guidance for employers says businesses should review and update whistleblowing policies, brief managers and communicate the change to the workforce. 

Second, make sure your harassment and whistleblowing procedures actually work together. Many employers keep them in separate silos. That is where problems start. If a manager receives sexual harassment disclosures but treats them only as a personal complaint, they may miss the whistleblowing angle completely. That creates unnecessary legal risk and poor handling in practice. 

Third, brief managers properly. They do not need a lecture on case law. They do need to understand that someone who speaks up about sexual harassment must not suffer protection from detriment issues such as being sidelined, treated differently, or pushed out afterwards. The risk is not only the original complaint. It is what happens after the complaint is raised. 

Fourth, look ahead to October 2026 now, not later. The government timeline says employers will soon need to take all reasonable steps to prevent sexual harassment including stronger action around third parties. So this is a good time to tighten reporting channels, training and internal escalation routes before the wider duty lands. 

The bottom line

From 6 April 2026, disclosures under whistleblowing law now explicitly include sexual harassment. That gives workers clearer legal protection if they speak up, and it gives employers a clearer duty to handle those reports properly. 

This is one of those employment law changes where the wording may look technical, but the practical message is not. If someone raises sexual harassment, take it seriously, route it correctly, and make sure they are not penalised for speaking up.

Need the important updates without the legal waffle?

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