From 6 April 2026, sexual harassment will be explicitly classified as a “qualifying disclosure” under whistleblowing legislation, protecting workers who report it from detriment (adverse treatment in the workplace) and unfair dismissal.
This change was introduced by the Employment Rights Act 2025 (Act) and allows reporting of past, current, or future harassment, including instances that create a toxic environment, even if not directly impacted.
The new measure will add sexual harassment to a list of wrongdoings in section 43B of the Act. This means that anyone who reports sexual harassment in the workplace will benefit from the same whistleblowing protections that reporting other offences on the list do.
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Sexual harassment now a protected whistleblowing disclosure
Under the previous act (The Employment Rights Act 1996), an employee had to prove that their disclosure of sexual harassment fell under one of the existing categories of wrongdoing, such as a danger to health and safety. This new measure means that a disclosure of sexual harassment is a protected whistleblowing disclosure itself.
To qualify as a protected whistleblowing disclosure under any of the protected categories, it must be in the public interest. This generally means that the offence being reported must affect others beyond the individual making the disclosure, for example other employees or the public.
However, an employment tribunal or court may consider other factors in determining whether a disclosure is whistleblowing, such as the nature of the offence, the impact of it, or the identity of the perpetrator.
There is no time limit to disclosure. Therefore, the wrongdoing can be reported at any time, whether it is during, after or before a whistleblower believes it is likely to occur.
Sexual harassment – further changes under the Act
Further amendments related to sexual harassment will come into force over the next 18 months. In October 2026, employers will be held liable for all types of harassment from third parties, such as customers or clients, and must take reasonable steps to prevent such cases from occurring.
Under the Act, employers are expected to take “all reasonable steps” to prevent sexual harassment, compared to the previous law, which called for employers to take “reasonable steps”. In 2027, the legislation will go further by elaborating on what is meant by taking “all reasonable steps” to prevent sexual harassment.
Moreover, a change to non-disclosure clauses is also expected, which would void clauses that would prevent workers from disclosing work-related harassment or discrimination. There is no specified date for this change yet.
The changes will increase employer liability for tribunal claims and means that all employers need to update their policies for handling such disclosures.
As whistleblowing claims can have uncapped compensation and require no specific length of service, employers are at a considerably increased risk of financial and reputational damage in light of the updated Act.
Sexual Misconduct Awareness Training
Employers have a legal obligation to take sexual harassment and sexual misconduct at work seriously and protect their employees’ wellbeing.
Bond Solon’s Sexual Misconduct Awareness Training will take place on 30 June 2026.
The course is aimed at HR staff, managers and other employees across the full spread of industries and sectors. It will cover terms and definitions, legal frameworks, developments in the law, such as the Employment Rights Act 2025 and common misunderstandings and misconceptions surrounding sexual misconduct.
Delegates will be provided with the relevant knowledge so they can identify misconduct, respond sensitively and navigate the reporting and complaint process with diligence and confidence.
To enquire about this course or secure your place please contact one of the Bond Solon team on +44 (0) 20 7549 2549 or info@bondsolon.com.