whistleblowing protections for sexual harassment

Whistleblowing Protections for Sexual Harassment: What Managers Need to Know

Whistleblowing Protections for Sexual Harassment: What Managers Need to Know

From 6th April 2026, whistleblowing protections for sexual harassment will be introduced, whereby sexual harassment will be classified as a “qualifying disclosure” under whistleblowing law.

Current Legal Position

Under existing UK whistleblowing law, workers are protected when they make a “qualifying disclosure” about certain types of wrongdoing in the Public interest (e.g. criminal offences, health and safety risks).

Sexual harassment can already fall within whistleblowing law, but only indirectly—for example where it amounts to a criminal offence or creates a health and safety risk. This has historically created uncertainty for both employees and employers.

Where a disclosure qualifies, employees are protected from:

  • Detriment (e.g. disciplinary action, bullying, missed promotion)
  • Automatic Unfair Dismissal

What Is Changing (and When)

From 6 April 2026, under the Employment Rights Act 2025:

  • Sexual harassment will be explicitly classified as a “qualifying disclosure” under whistleblowing law
  • Workers raising concerns about sexual harassment will receive whistleblowing protection, provided other criteria are met
  • Protection will apply where harassment has occurred, is occurring, or is likely to occur

This removes ambiguity and significantly strengthens legal protection for those who speak up.

Wider Related Changes

This reform sits alongside broader developments:

  • A duty (since October 2024) on employers to take “reasonable steps” to prevent sexual harassment
  • A forthcoming increase to “all reasonable steps” (expected October 2026), raising the compliance bar

Potential Impacts for Employers

Employees may be more likely to report concerns formally as whistleblowers, rather than through informal or HR channels, potentially leading to higher reporting rates.
Additionally, there is likely to be a higher legal risk if claims for automatic unfair dismissal increase where whistleblowing is mishandled.  There is also likely to be greater scrutiny of how complaints are investigated and managed

How Employers Should Prepare

To ensure compliance and reduce risk, employers should:

1. Update policies

  • Amend whistleblowing policies to explicitly reference sexual harassment disclosures
  • Align with anti-harassment and grievance procedures

2. Train managers and HR

  • Ensure managers understand when a complaint may constitute a protected disclosure
  • Train on handling disclosures sensitively and lawfully

3. Strengthen reporting channels

  • Provide clear, confidential routes for raising concerns
  • Consider anonymous reporting mechanisms

4. Review investigation processes

  • Ensure prompt, impartial, and well-documented investigations
  • Avoid retaliatory treatment (even unintentionally)

5. Audit workplace culture and risks

  • Conduct risk assessments for harassment
  • Take proactive steps to prevent issues (not just react to them)

How can HPC Help?

  • Policy review and drafting: ensuring whistleblowing and harassment policies are legally compliant and aligned
  • Manager training: practical training on recognising and handling protected disclosures
  • Case handling support: advising on complex or high-risk complaints

To find out more information or to discuss whistleblowing protections for sexual harassment, get in contact with our team of experts.

T: 0330 107 1037

E: contact@hpc.uk.com

LinkedIn: High Performance Consultancy

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