On 6 April 2026 a short amendment made a significant change to UK whistleblowing law. Sexual harassment is now expressly named as a type of wrongdoing that can form the basis of a protected disclosure. On 30 October 2026, a strengthened duty to prevent sexual harassment follows. Taken together, these changes make the way an organisation receives, records and responds to concerns a legal question as much as a cultural one.
What has changed
The Employment Rights Act 2025 received Royal Assent on 18 December 2025, with its measures being brought into force in stages. Section 23 of the Act amends section 43B of the Employment Rights Act 1996, the provision that lists the kinds of information that can qualify for whistleblowing protection. The amended list now includes information tending to show that sexual harassment "has occurred, is occurring or is likely to occur". The change came into force on 6 April 2026.
Before this, a worker raising sexual harassment had to fit the disclosure into another category, such as a danger to health and safety or a breach of a legal obligation. The Government's factsheet explains that the amendment removes that uncertainty, so a worker who reports sexual harassment can be protected from detriment and unfair dismissal on that basis.
What has not changed
The framework introduced by the Public Interest Disclosure Act 1998 remains in place. A disclosure must still be one which, in the reasonable belief of the worker, tends to show wrongdoing and is made in the public interest. The factsheet confirms the public interest requirement still applies to sexual harassment disclosures, and GOV.UK guidance reminds workers that personal grievances are not covered unless the case is in the public interest.
The core protections are also unchanged, and worth restating to managers:
Employers are still not legally required to have a whistleblowing policy, although the same guidance is clear about the risks of going without one, from wrongdoing going undetected to reputational damage.
The wider picture: the duty to prevent sexual harassment
The whistleblowing change does not stand alone. Since 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 has required employers to take reasonable steps to prevent sexual harassment of their employees. Where a tribunal upholds a sexual harassment claim and finds that duty breached, it can increase compensation by up to 25 per cent, and the Equality and Human Rights Commission can take enforcement action.
According to the Government's implementation timeline, from 30 October 2026 employers will be required to take "all reasonable steps" to prevent sexual harassment, and will be under an obligation not to permit harassment of their employees by third parties, such as customers, clients or members of the public. The Act also creates a power for ministers to specify in regulations which steps are to be regarded as reasonable, with examples including steps relating to reporting sexual harassment and to handling complaints.
The EHRC's technical guidance on sexual harassment at work already points in that direction. It suggests employers consider an online or externally run reporting system that allows complaints to be made anonymously, and recommends keeping centralised records of complaints, including informal ones, in enough detail to analyse trends.
The timeline also confirms that, from 1 October 2026, the time limit for bringing a claim to the Employment Tribunal increased from three to six months.
Practical steps for employers
Update your whistleblowing policy
Name sexual harassment explicitly as a matter that can be raised through your whistleblowing route. Make sure the policy states clearly that victimisation will not be tolerated, explains what feedback people can expect, and confirms that a reporter does not need evidence before raising a concern. These are all points the GOV.UK employer guidance recommends.
Join up your routes
Many organisations run grievance, harassment and whistleblowing procedures in separate silos. A worker reporting harassment should not have to work out which process applies before speaking up. Agree internally who triages a concern, how it moves between procedures, and who is told.
Offer a route people will actually use
People who have experienced or witnessed harassment are often reluctant to put their name to a report, particularly where the person concerned is senior. A confidential channel with an anonymous option, which allows the case handler to ask follow-up questions, removes a common barrier.
Train the people who receive concerns
Acas advises employers to keep the whistleblower's identity confidential, keep them informed of progress, and reassure them they will not suffer detriment. Line managers are often the first point of contact, so they need to know what to do on the day a concern lands.
Keep records that show what you did
If a claim reaches a tribunal, the question will be what steps you took and when. A clear record of each concern, the actions taken and the outcome is your best evidence of a working system.
If you also operate in the EU
Organisations with EU entities should also check national rules implementing Directive (EU) 2019/1937. It requires private sector entities with 50 or more workers to establish internal reporting channels, to acknowledge receipt of a report within seven days, and to provide feedback within a reasonable timeframe not exceeding three months.
How Speak Out Safe helps
Speak Out Safe gives each organisation, or each part of it, a dedicated reporting portal and QR code. Reporters can raise a concern by tick-box form or voice note, which is turned into text, in any of 29 languages, and can remain anonymous while exchanging messages with the case handler. Case handlers work within defined roles and record notes, closure codes and outcomes, supported by statistics and a full audit trail. The platform runs under an ISO/IEC 27001:2022 information security management system, holds Cyber Essentials, and supports UK and EU GDPR compliance with a data processing agreement.
This article is general information, not legal advice. Please take specific advice on your own circumstances.
If you are reviewing your arrangements ahead of 30 October, book a short demo and we will show you how a concern moves from first report to closure.