UK Whistleblowing Protections for Sexual Harassment from 6 April 2026: What the Employment Rights Act 2025 Changes Mean for Workers and Employers

The Employment Rights Act 2025 introduces a significant change to UK whistleblowing law that takes effect on 6 April 2026. Sexual harassment becomes an explicit qualifying disclosure for the first time. Workers who report sexual harassment now enjoy the full protection of the Public Interest Disclosure Act 1998, provided certain conditions are met. The change affects both workers and employers across all sectors.

Previously, workers reporting sexual harassment had limited options. They could frame disclosures as breaches of health and safety law or as breaches of legal obligation, but sexual harassment itself was not listed as a qualifying disclosure. This created uncertainty. The new legislation removes this ambiguity by explicitly recognising sexual harassment as grounds for protected whistleblowing.

What is a Qualifying Disclosure?

The Public Interest Disclosure Act 1998 protects workers who make qualifying disclosures from suffering detriment, dismissal, or blacklisting. From 6 April 2026, sexual harassment joins the list of relevant failures that trigger protection.

The legislation covers conduct of a sexual nature that has occurred, is currently happening, or is reasonably anticipated to occur. This covers harassment of the worker making the disclosure, harassment of colleagues or other workers, and patterns of harassment within the organisation.

For the disclosure to be protected, the worker must reasonably believe that the information tends to show that sexual harassment has occurred, is occurring, or is likely to occur. The test is subjective, based on the worker's reasonable belief.

The Public Interest Test

The worker must reasonably believe the disclosure is in the public interest. This requirement exists for all qualifying disclosures. However, sexual harassment disclosures benefit from a rebuttable presumption that they are in the public interest. If the sexual harassment relates to conduct in the workplace, the disclosure is presumed to be in the public interest. The burden shifts to the employer to challenge this presumption.

Who is Protected?

The protection extends to any worker, including employees, agency workers, and others engaged under a contract to perform work personally. The worker making the disclosure need not be the victim of the sexual harassment. A worker can be protected if they disclose information about harassment affecting a colleague. There is no minimum employment duration requirement.

Retroactive Application

A worker can claim protection even if the sexual harassment itself occurred before 6 April 2026. The test is when the detriment or dismissal takes place, not when the underlying harassment occurred. This provides a remedy for workers who were dismissed or suffered detriment under the old law, provided the adverse treatment occurs after the effective date.

Protection from Detriment

A worker cannot be treated unfairly, dismissed, denied promotion, isolated, or subjected to any adverse treatment because they made a protected disclosure about sexual harassment. Detriment takes many forms: dismissal, refusal of promotion, transfer to unfavourable duties, reduction in pay or hours, exclusion from meetings, negative references, and hostile treatment.

The burden of proof is on the employer. If a worker makes a protected disclosure and then suffers dismissal or detriment, it is presumed that the treatment resulted from the disclosure unless the employer proves otherwise. There is no upper limit on compensation for whistleblowing detriment claims.

Implications for Employers

Employers must establish clear and confidential procedures for reporting sexual harassment. Training is essential: managers and HR personnel must understand whistleblowing law and the new protections. Failure to do so exposes the employer to tribunal claims and potential awards of unlimited compensation.

Importantly, the Worker Protection Act 2023, which came into force in October 2024, already placed a preventative duty on employers to prevent sexual harassment. The whistleblowing protection now provides further protection for workers who report breaches of this duty.

Other April 2026 Employment Rights Changes

Statutory Sick Pay rises from day one for all workers, at the lower of £123.25 per week or 80% of normal weekly earnings. Paternity leave becomes a day-one right, with Statutory Paternity Pay rising to £194.32 per week. The national living wage increases to £12.71 per hour for workers aged 21 and over. The collective redundancy protective award doubles from 90 to 180 days' pay. The Fair Work Agency becomes operational from 7 April 2026 to enforce employment rights.

Conclusion

The recognition of sexual harassment as a qualifying disclosure under UK whistleblowing law from 6 April 2026 represents a significant step forward for workplace protections. Workers now have explicit legal protection for reporting sexual harassment. For employers, the change demands a proactive approach. Clear policies, robust procedures, and appropriate training are no longer optional. Workers who have suffered dismissal or detriment as a result of reporting sexual harassment may have retroactive protection under the new law and should seek legal advice.