Whistleblowing, officially known as making a disclosure in the public interest, is a powerful legal protection for employees who speak up about wrongdoing at work. For many workers, it can feel risky to raise concerns about serious issues like fraud, health and safety risks or harassment. Thankfully, the law protects people who make protected disclosures from unfair treatment, dismissal or detriment.
The Employment Rights Act 2025 introduces important changes to these protections especially when it comes to sexual harassment and it’s vital for both employees and employers to understand what’s new, what stays the same, and what steps organisations need to take to be compliant.
What Is Whistleblowing Under Current UK Law?
Under the existing whistleblowing framework (set out in the Employment Rights Act 1996, now amended by the Employment Rights Act 2025), a whistleblower is a worker who makes a protected disclosure about certain types of wrongdoing at work.
A protected disclosure means a disclosure of information that the worker reasonably believes shows one or more categories of wrongdoing, for example a criminal offence, a legal breach, or a danger to health and safety, and that the worker reasonably believes is in the public interest.
If a disclosure is protected, the worker cannot be subjected to unfair dismissal or detriment (that is, being treated unfairly because they spoke up) because of their whistleblowing.
Guidance from GOV.UK states, “Whistleblowing is when an employee or ex-employee reports suspected wrongdoing at work… a disclosure must be a qualifying disclosure”.
These protections have been crucial for workers who exposed serious wrongdoing in workplaces across the UK. But until now, the law did not explicitly state that all reports of sexual harassment are protected under whistleblowing rules, leaving some uncertainty and potential gaps in protection.
What the Employment Rights Act 2025 Changes
One of the headline reforms in the Act is a clear change to whistleblowing protections as sexual harassment is now expressly included as a qualifying disclosure under whistleblowing law.
From 6 April 2026, the Act amends Section 43B of the Employment Rights Act 1996 to explicitly add disclosures that sexual harassment has occurred, is occurring, or is likely to occur, to the list of matters that can qualify for protection as a protected disclosure.
This means that, provided the usual legal tests are met, a worker who reports sexual harassment at work, whether that is internally or externally to a prescribed body, will be protected from detriment and unfair dismissal under whistleblowing law. Previously, a worker might have had to fit their report into another category (e.g. health and safety) for whistleblowing protection to apply.
Why This Matters — For Employees and Employers
For Employees
The inclusion of sexual harassment in the qualifying list sends a strong message that sexual harassment is misconduct and is taken seriously under employment law, not just under equality or grievance procedures.
If you raise concerns about sexual harassment and meet the public interest test, your disclosure can be protected even if it involves incidents of sexual harassment that have already happened. The law is clear, disclosures about sexual harassment that have “occurred, are occurring or may occur”, can qualify for whistleblowing protection.
It’s worth remembering that to be protected, a disclosure must:
- Be made in good faith;
- Be made to the right person (eg your employer, a prescribed person or body, or in limited circumstances externally);
- Relate to one of the categories in the Act; and
- Be in the public interest.
For more information on how to make protected disclosures and who you can report to, see the GOV.UK whistleblowing guidance.
How Employers Should Prepare
These changes mean employers need to take a fresh look at their whistleblowing and harassment policies.
- Update Policies
Make sure your whistleblowing policy explicitly states that reports of sexual harassment can be protected disclosures under law. Reference the Employment Rights Act 2025 wording and link to your internal reporting procedures.
- Revise Reporting Procedures
Ensure that your internal reporting systems (hotlines, email, HR contacts) allow for confidential and safe reporting of sexual harassment issues. Clarify who employees should report to and how their concerns will be handled.
- Train Managers and HR
Managers and HR teams should understand the new protections and how to handle whistleblowing reports, particularly around sexual harassment, in a supportive and compliant way. Training should cover confidentiality, avoiding retaliation, and escalation pathways.
- Protect Against Detriment
Be alert to the risk of detriment, for example, being passed over for promotion or unfairly disciplined because someone has raised concerns. Under whistleblowing law, treating a worker unfairly because they blew the whistle can itself be unlawful.
- Communicate Clearly to Staff
Employees need to know their rights and how to use reporting channels. A communication campaign which includes a range of material such as posters and a set of FAQs can help build trust and transparency.
The Employment Rights Act 2025 strengthens whistleblowing protections in a way that reflects a modern workplace, one where issues like sexual harassment must not be hidden or downplayed. By explicitly including harassment within the scope of protected disclosures, the law empowers workers and encourages open reporting of serious wrongdoing.
Do you have any questions about today’s blog, need help in becoming legally compliant with contracts/policies or can we support you in taking away any people pains to give you peace of mind?
If you answered yes to any of the above, just give us a call at CUBE HR on 01282 678321, or book in a FREE 30 Minute HR Health Check here FREE HR Health Check and we’ll happily give your business a full HR overview with our personal recommendations absolutely FREE!
Why not also check out last weeks blog What are the changes to paternity and parental leave laws in April 2026?
We also have a YouTube channel with loads of handy videos outlining various HR related scenarios.
