How has the Employment Rights Act 2025 expanded the whistleblowing framework?
From 6 April 2026, UK whistleblowing legislation has been updated to explicitly include sexual harassment as a “qualifying disclosure”. This latest change brought in by the Employment Act 2025 (“ERA”) might on the face of it seem small, but it is important that employers take note.
What is a qualifying disclosure?
A qualifying disclosure is any disclosure of information which, in the reasonable belief of the worker making the disclosure, is made in the public interest and tends to show that one or more of the following have occurred, are occurring or are likely to occur:
- criminal offences;
- breach of any legal obligation;
- miscarriage of justice;
- danger to health and safety;
- environmental damage, or
- the deliberate concealment of any of those things.
What has changed?
Section 23 of the ERA amends the definition of a qualifying disclosure in section 43B of the Employment Rights Act 1996, to include a disclosure that the individual reasonably believes tends to show that sexual harassment “has occurred, is occurring, or is likely to occur”. A person who raises a complaint of sexual harassment accordingly has potential to gain important whistleblowing protections.
While sexual harassment could previously have been argued to fall within the scope of a ‘failure to comply with a legal obligation’, this amendment removes any ambiguity. It clarifies the position and makes it significantly easier to access enhanced levels of protection. However, it is important to note that the amendment applies only to sexual harassment. Disclosures relating to other forms of harassment will not automatically be treated in the same way and will still need to satisfy the existing legal tests.
What protections can be gained?
Workers who raise whistleblowing concerns have the right not to be subjected to any detriment on the ground that they made a protected disclosure. Although ‘detriment’ is not legally defined, it can include things such as being victimised, dismissed, bullied, demoted, or marginalised. If dismissal follows, and it can be shown that the reason or principal reason for that dismissal was the disclosure, the dismissal is likely to be automatically unfair. There is no qualifying period of service for making a claim, and no limit on the amount of compensation that can be awarded.
What should employers be doing?
Sexual harassment complaints now fall squarely within the scope of whistleblowing law, significantly increasing the risks associated with mishandling them.
Employers should:
- Review and update whistleblowing policies to expressly include sexual harassment, and ensure staff know the correct reporting procedures if they need to blow the whistle.
- Review template settlement agreements and other confidentiality provisions to ensure they do not inadvertently restrict protected disclosures.
- Exercise particular caution where needing to discipline, performance manage or dismiss individuals who raise such concerns, taking advice where necessary.
- Train managers in how to deal properly with complaints of a sexual harassment nature.
The employment team will be happy to help employers with any of the above. With the further widening of the protection from harassment requirements coming in October 2026, being properly prepared is going to be key. Please contact Katie Burley to find out how we can help.
