Significant changes to employment law in the UK are being implemented under the Employment Rights Act 2025. From 6 April 2026, whistleblowers who make a qualifying disclosure regarding sexual harassment will be protected from detriment and unfair dismissal.
This article outlines these new legal protections and the key steps employers should take.
In employment law, whistleblowing is a term used to describe when an employee, or worker, makes certain disclosures of information to report wrongdoing at work.
Prior to 6 April 2026, to be a qualifying disclosure, it was required that the information disclosed had to, in the reasonable belief of the worker making the disclosure, tend to show one or more of the following wrongdoings:
Criminal offences
Breaches of a legal obligation by an organisation
Miscarriages of justice
Health and safety violations that put an individual’s safety at risk
Damage to the environment
Any attempt to conceal information relating to any of the above
To be a protected disclosure, the qualifying disclosure must also satisfy additional legal requirements including being made in good faith, being made to the employer or other relevant person as defined by law, and the wrongdoing disclosed must be in the public interest.
Employees who make protected disclosures are afforded certain protections; specifically they are protected from detriment and unfair dismissal. Workers cannot claim unfair dismissal, but may be able to claim that being dismissed was a detriment.
From 6 April 2026, the definition of qualifying disclosure was extended to include ‘sexual harassment’. Previously, disclosures of wrongdoing related to sexual harassment had to fall under the categories of risk to health and safety or breach of a legal obligation to fall within the protection afforded.
Sexual harassment is unwanted conduct of a sexual nature where this has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for the person. The effect of someone’s actions matters more than their intent.
Sexual harassment can be ongoing or can be a one-off event and it does not need to be directed at a person, for example it can be a comment made in general. It also can be experienced by a witness, so not only the affected person can bring a complaint.
The newly introduced category of sexual harassment includes sexual harassment that happened in the past, is likely to happen in the future, or someone is trying to cover up. Disclosures can be made by people who experienced sexual harassment, or those who witnessed it, or simply came to the knowledge that it happened to a colleague.
Employers already have a duty to prevent sexual harassment in the workplace and, looking forward to the upcoming changes due to come into force from October 2026 under ERA 2026, employers will be required to take all reasonable steps to prevent sexual harassment.
Employers may be faced with an increase of whistleblowing claims as employees and workers will be afforded protection if they make a qualifying disclosure in relation to any shortcomings in relation to preventing sexual harassment.
Employers should familiarise themselves with the changes under the Employment Rights Act 2025 and consider how they may affect current policies and procedures. It's important that employers take the following steps:
Update whistleblowing and prevention of sexual harassment policies.
Update relevant training for workers and managers, especially on how to recognise whistleblowing.
Consider setting up a reporting line for whistleblowing and/or sexual harassment.
Signpost resources and reporting channels.
Start preparing for October’s changes.
If your business needs assistance with updating its existing policies or preparing new ones, or if you have any questions about the introduction of these new rights, please get in touch with Ashfords' employment team.
