With employment law changes taking effect from April 2026, one key area for employers to be aware of is whistleblower protection for sexual harassment.
Under the new legislation, any disclosure relating to sexual harassment will automatically be treated as a protected disclosure. This means employees who raise concerns will receive full legal protection under whistleblowing laws, without needing to meet the usual criteria.
This change removes any uncertainty around protection and places greater responsibility on employers to take concerns seriously and handle them appropriately. It also highlights the importance of having clear policies, effective reporting procedures, and well-trained managers in place.
In this blog, we’ll explain what whistleblower protection sexual harassment means, what’s changing, and how your business can prepare.
What does the new whistleblower protections mean?
The definition of a “protected disclosure” now includes reports of sexual harassment that has occurred, is occurring, or is likely to occur. This means workers who raise concerns about past, ongoing, or potential sexual harassment will be protected under whistleblowing laws.
Previously, such disclosures could fall within existing categories. This includes criminal offences, breaches of legal obligations, or risks to health and safety—but this was not always clear. The change removes this uncertainty by explicitly listing sexual harassment as a protected category.
However, the whistleblowing process remains unchanged, including the requirement that a disclosure must be in the “public interest.” As a result, protections do not automatically apply to complaints about an individual’s own experience. The worker must reasonably believe the issue is in the public interest, for example where it involves multiple people, large organisations, or particularly serious cases.
What are the Protections for Whistleblowers
With the definition of protected disclosures to sexual harassment being extended, those who make protected disclosures about this will be protected from facing any detriment from their employer. This means employers can’t subject them to retaliatory actions such as reduced shifts.
Under this new law, if an employee is dismissed due to making a protected disclosure about sexual harassment, this will be considered automatic unfair dismissal. This protection has no qualifying period. Therefore, staff will be protected from day one of employment.
These protective measures were introduced to encourage more staff to feel safe to report serious issues without the fear of losing their job unfairly.
Further Changes from October 2026
From October 2024, employers have been under a strengthened duty to take reasonable steps to prevent sexual harassment in workplaces. In practice, this means organisations can be held accountable by the Equality and Human Rights Commission if they are unable to demonstrate that appropriate preventative measures were in place.
From October 2026, the Government intends to raise this standard further by requiring employers to take all reasonable steps. This higher threshold will make it more difficult for businesses to defend claims unless they can clearly evidence a proactive and robust approach to prevention.
Employment tribunals already have the discretion to increase compensation where it is considered appropriate. These changes are likely to result in a tougher stance where employers fail to meet their obligations.
For employers, this reinforces the need to regularly review policies and provide effective training. Clear reporting and investigation processes must also be in place to minimise both risk and liability.
In addition, changes to non-disclosure agreements are expected. Under the proposed rules, any clause that seeks to prevent a worker from raising or disclosing concerns about workplace harassment or discrimination will be unenforceable. A confirmed implementation date for this change is still awaited.
Sexual Harassment Training
Effective management training is important to reinforce your stance against sexual harassment and stay compliant. Your managers are on the front line, they are working closely with staff and it’s important that they understand knew legislation and how to implement them.
Since the duty was introduced in 2024, we have delivered sexual harassment management training to our clients. In this session, we help managers to recognise, address, and prevent harassment in the workplace. We also go through the latest legislation updates and how to implement this in the workplace.
Topics include:
- Recognising what is sexual harassment
- Understanding the different types of harassment
- Creating an environment that encourages staff to report issues without fear
- Building empathy and fostering respect across the workplace
We’re here to help leaders handle sensitive situations quickly and appropriately when an issue arises. You can find out more about our management training on our website.
Actions Employers Must Take
It’s important to ensure you are prepared for the new whistleblower protection for sexual harassment. Our HR consultants are here to support you with:
- Reviewing policies such as whistleblowing and sexual harassment policies.
- provide line managers with training on handling sensitive requests.
- Make your staff aware of new legislation and how to apply this to the workplace.
If you have any questions on whistleblower protection for sexual harassment or would like our advice on a current issue within your organisation, contact us. We have created an Employment Rights Roadmap eBook to help you stay on track with the latest updates. Download your copy here.
