Sexual Harassment and Whistleblowing: The New Employer Responsibilities
The close up of a face of a woman with long brown hair. She has a finger up to her lips as if to signify to stay quiet
As we move further into 2026, employers are continuing to navigate one of the most significant overhauls to employment law in recent years. While much of the focus surrounding the Employment Rights Act 2025 (ERA25) has centred on preventing workplace sexual harassment, another important change has now come into force that organisations cannot afford to overlook.
From April 2026, disclosures relating to sexual harassment are now explicitly protected under whistleblowing legislation. This marks a major shift in how workplace concerns may be raised and handled, adding another layer of responsibility for employers already working to strengthen workplace culture, compliance, and employee wellbeing.
The direction of travel is clear. Organisations are no longer only expected to respond when issues arise. They are expected to create environments where concerns can be raised safely, confidently, and without fear of retaliation.
This latest development builds on the proactive duty introduced in October 2024, which requires employers to take reasonable steps to prevent sexual harassment in the workplace. Employment tribunals already have the power to increase compensation awards by up to 25% where employers fail to meet those obligations, while the Equality and Human Rights Commission (EHRC) can take enforcement action even before an incident occurs.
Now, ERA25 goes further by formally recognising sexual harassment disclosures as qualifying disclosures under whistleblowing law. In practical terms, this means that if a worker reports sexual harassment that has happened, is happening, or is likely to happen, they may now be protected as a whistleblower. For employers, this significantly changes the risk landscape.
Whistleblowing protections are particularly powerful because they protect workers from suffering detriment after raising concerns. This can include bullying, disciplinary action, exclusion, reduced hours, or dismissal. Importantly, whistleblowing dismissal claims do not require any minimum length of service, and compensation in successful claims is uncapped.
This change also removes much of the ambiguity that previously existed around whether sexual harassment complaints could qualify as whistleblowing disclosures. Historically, workers often had to demonstrate that concerns were linked to wider organisational failures or public interest issues. ERA25 now makes that connection explicit.
Research and reporting trends suggest this is likely to become an increasingly active area for employers. Recent employment tribunal data shows whistleblowing claims have risen sharply, with claims reportedly increasing by more than 100% year-on-year during 2025.
At the same time, the EHRC’s latest whistleblowing report revealed that approximately 85% of disclosures received related to the treatment of staff, with sexual harassment featuring prominently among the concerns raised.
The message is simple: employees are more willing to speak up, and regulators are paying close attention to how organisations respond.
This means employers should now review whether their current processes are fit for purpose. Sexual harassment procedures and whistleblowing frameworks can no longer sit separately. The two are becoming increasingly interconnected.
Managers must understand how to recognise a protected disclosure and how to respond appropriately. A complaint initially raised informally could potentially carry whistleblowing protection, particularly if it highlights wider cultural concerns, repeated behaviours, or failures in prevention. Handling concerns sensitively, consistently, and without delay will be critical.
Employers should also be preparing for the next stage of legislative change coming in October 2026, when the duty to prevent sexual harassment will strengthen further. Organisations will move from being required to take “reasonable steps” to “all reasonable steps” to prevent harassment. In addition, employers will become explicitly liable for harassment carried out by third parties such as customers, clients, contractors, and members of the public.
For sectors with significant public interaction, including hospitality, retail, healthcare, and professional services, this raises important operational and cultural questions.
Future regulations expected during 2027 and 2028 are also likely to provide clearer definitions of what “reasonable steps” look like in practice. Early indications suggest this may include mandatory risk assessments, clearer reporting mechanisms, stronger complaint handling procedures, and more robust training expectations.
For employers, this is about far more than legal compliance. Workplace culture, trust, and reputation are now closely tied to how organisations handle speaking up and psychological safety.
Employees want to know their concerns will be taken seriously. Clients and customers increasingly expect organisations to demonstrate strong ethical standards. Candidates are paying closer attention to workplace culture before deciding where to work.
Organisations that create transparent, supportive environments where employees feel safe to raise concerns are likely to be in a far stronger position than those that approach these changes as a simple compliance exercise.
Now is the time for employers to review policies, refresh training, strengthen reporting channels, and ensure managers are equipped to handle concerns appropriately. Creating a culture where people can speak up safely is no longer simply best practice. It is becoming a core business responsibility.
If your organisation would benefit from reviewing whistleblowing procedures, anti-harassment frameworks, or preparing for the wider changes introduced through ERA25, seeking practical guidance now could help reduce risk and strengthen workplace culture long before these obligations fully take effect.
Research and Sources
EHRC Whistleblowing Report 2024 to 2025