Whistleblowing protection and sexual harassment

Changes to employment law in April 2026 will clarify the expanded whistleblowing protections for employees who raise concerns about workplace sexual harassment. In response, employers should review their efforts to prevent sexual harassment occurring in the workplace, as the new protections add to the potential claims and remedies that an employee reporting sexual harassment concerns may have.

Sexual harassment claims are primarily governed by the Equality Act 2010, which defines sexual harassment as unwanted conduct of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating of offensive environment.

While employees could bring claims under the Equality Act, whistleblowing protection for workers who raised concerns about sexual harassment was more difficult to secure.

Under existing whistleblowing laws, workers are protected from dismissal or detriment if they make a whistleblowing disclosure.  To be protected the disclosure must:

• Be made to the employer or prescribed regulator
• Concern information which, in the reasonable belief of the worker, tends to show a prescribed type of wrongdoing, including breaches of legal obligations or a matter affecting the health and safety of employees
• Be one which the worker reasonably believes is in the public interest.

As sexual harassment is unlawful under the Equality Act, employees disclosing sexual harassment to their employer are already disclosing a breach of a legal obligation.  But a difficulty in obtaining whistleblowing protection came where an employee reported harassment that affected them personally.  As to be protected the disclosure must be in the public interest rather than simply raising a private grievance.  So a worker reporting sexual harassment typically had to frame the disclosure as something else to be sure of obtaining whistleblowing protection, such as systemic misconduct within the organisation.

The reform now clarifies that a disclosure that sexual harassment has occurred, is occurring or is likely to occur will be protected.  But the complainant will still need to show that the disclosure was in the public interest.

We see this change as a clarification rather than a significant change.  But the change will raise awareness and will lead to employees reporting sexual harassment to cite whistleblowing protection as well as breach of the Equality Act.

The changes serves as a reminder to employers that whistleblowing protection provides avenues for redress and remedies beyond those available under discrimination claims.  These include:

• Whistleblowing disclosures can be made to external persons, such as the Equality and Human Rights Commission (EHRC) or the employee’s MP
• Employers dismissed for making a whistleblowing disclosure can apply to the employment tribunal for interim relief. Interim relief can be granted at short notice if a tribunal considers that the employee is likely to win their claim. If so it can order the employer to re-instate them or at least pay their full salary until the final hearing
• Any settlement agreement clauses that prevent employees from disclosing information about whistleblowing sexual harassment are void. This will now expressly apply to disclosures about sexual harassment.

The development reflects a broader shift in workplace regulation towards encouraging employees to report sexual misconduct without fear of reprisals. Recognising sexual harassment disclosures within the scope of whistleblowing protection acknowledges that such behaviour is not merely a personal grievance but may indicate wider organisational failures to maintain a safe and lawful working environment.

Employers should already have in place processes for protecting whistleblowers from reprisals.  These should be reviewed, and managers reminded of them, ahead of this change coming into force. Get in touch with our Employment team if you have any questions.