Whistleblowing & sexual harassment — a new era of protection from April 2026

From 6 April 2026, workers who report sexual harassment may be protected as whistleblowers — potentially providing additional security against detriment or dismissal for making a report.

This legislative clarity is intended to increase confidence in reporting and remove barriers that could have previously deterred victims from speaking up.

Here, Annie Barnstaple and Brendan McAleese from our award-winning employment law team explain exactly what’s changing, how the new protections will work and what employers need to know.

What is whistleblowing?

Whistleblowing is when a worker reports (whether internally or to a prescribed external body) information that they reasonably believe shows wrongdoing, risk or malpractice (and they do so in the public interest).

Broadly, a disclosure can qualify as whistleblowing if it concerns a criminal offence, breach of legal obligation, miscarriage of justice or risk to health and safety. If the statutory tests are met, it becomes a protected disclosure. The worker is then protected from detriment and (for employees) dismissal for making the report.

Until now, many sexual harassment disclosures only secured whistleblowing protection by being shoehorned into ‘breach of legal obligation’. This often forced workers to reframe what happened into legal labels instead of reporting sexual harassment as the wrongdoing.

From April 2026, whistleblowing law is due to be clarified so that reports of sexual harassment are clearly treated as protected disclosures in their own right (provided that the usual tests are met).

What’s changing in April 2026?

From 6 April 2026, reporting that sexual harassment has occurred, is occurring or is likely to occur will expressly qualify as a protected disclosure under section 43B of the Employment Rights Act 1996, following the Employment Rights Act 2025 inserting a new standalone category for sexual harassment (as defined in section 26(2) of the Equality Act 2010).

This means that:

• Workers who report sexual harassment may qualify for whistleblowing protection, provided that the other statutory tests are met (e.g., reasonable belief and public interest).
• The protection applies regardless of when the incident occurred — past, present or anticipated sexual harassment all qualify.
• Employees dismissed or subjected to a detriment for raising sexual harassment concerns will be able to bring whistleblowing claims and may, in dismissal cases, also apply for interim relief.

Wider shift on workplace sexual harassment

This reform isn’t happening in isolation. It’s part of a wider cultural and legal shift towards preventing sexual harassment at work.

Since 26 October 2024, employers have been under a strengthened duty to take reasonable steps to prevent sexual harassment. This means that employers must be able to point to real, practical measures including effective policies and clear reporting routes.

From October 2026, that duty is expected to increase again. Employers will need to show that they’ve taken all reasonable steps. This is a higher, more proactive standard that’s likely to lead to closer scrutiny of whether an organisation has identified foreseeable risks and built prevention into day‑to‑day management, rather than only reacting once a complaint is made.

The October 2026 reforms are also set to reintroduce liability for third‑party harassment, subject to an “all reasonable steps” defence. Employers may therefore be held responsible for harassment by clients, customers, service users, contractors or other third parties to their employees unless they can evidence reasonable preventative action.

Against that backdrop, the whistleblowing amendment plays a distinct role. It recognises that prevention depends not only on strong internal processes but also on confidence that raising concerns — especially where power dynamics or institutional failures may be in play — won’t cost a worker their job or career.

What does this mean for employees?

For employees, the reforms offer clearer reassurance that raising concerns about sexual harassment will be treated seriously and protected by law. A report of sexual harassment on its own will be sufficient, provided that the usual statutory requirements are satisfied.

This gives employees a stronger and safer basis to report, lowers the likelihood of retaliatory treatment and improves their position where an employer fails to respond appropriately.

What does this mean for employers?

This reform represents a cultural and operational shift for employers. Employers should also note that wider reforms restricting the use of Non-Disclosure Agreements in harassment and discrimination cases are included in the Employment Rights Act 2025, although commencement dates for those provisions are still awaited.

Next steps for employers

Employers should:

• Update whistleblowing policies to explicitly include sexual harassment as a qualifying disclosure.
• Update sexual harassment and dignity‑at‑work policies to clarify that whistleblowing routes may be used.
• Train managers to recognise protected disclosures and respond lawfully.
• Ensure that reporting mechanisms genuinely encourage disclosure, rather than deter it.
   

Talk to us 

If you need advice on what these reforms mean for your business and how to prepare, we’re here to help.

Our award-winning employment law specialists support businesses in navigating the ERA with confidence, offering expert advice on everything from policy updates to manager training.   

Talk to us by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form below.