Sexual harassment whistleblowing protections introduced

After years of campaigning by Community and other trade unions, stronger legal protections are being introduced to help tackle sexual harassment at work and protect those who speak up.

Whistleblowing is when a worker makes a “protected disclosure” about wrongdoing in the public interest. This can include illegal acts, risks to health and safety or other serious misconduct within an organisation. Many workers have historically felt unable to report concerns, including sexual harassment, due to fear of retaliation or negative consequences.

In this context, you are generally classed as a “worker” if you are an employee, agency worker, casual and zero-hours staff, apprentice and some self-employed contractors who personally provide services, but not if you are running your own independent business.

Previously a complaint of sexual harassment was protected under the Equality Act 2010 as an incident of discriminatory conduct. A complaint was protected under victimisation but not under whistleblowing protections due to it failing the public intertest test.

Through the changes under the Employment Rights Act 2025, the law has been updated to strengthen whistleblowing protections in relation to sexual harassment in an attempt to ensure that speaking up about sexual harassment does not come at a personal cost.

What has changed?

Qualifying disclosure

One of the most significant changes is how the law treats reports of sexual harassment.

Previously, workers who wanted whistleblowing protection after reporting sexual harassment often had to fit their concerns into other legal categories, such as a health and safety risk or a criminal offence, or victimisation to qualify for protection. This uncertainty created barriers to reporting and left many workers unprotected.

From 6 April 2026, sexual harassment is explicitly recognised as a type of wrongdoing that can form the basis of a “protected disclosure” on the basis that:

1. You reasonably believe the information disclosed shows wrongdoing
2. You reasonably believe the disclosure is in the public interest.

This means that if you report sexual harassment and provided the conditions above are met, whether it has happened to you or to a colleague, the law provides you with protection against:

• Being subjected to detrimental treatment at work (as a result of the disclosure)
• Being dismissed on the grounds that you made the disclosure

Importantly, the protection applies whether the sexual harassment has happened in the past, is happening now, or is likely to happen in the future.

It is important to note that legal protection depends on the specific facts of each case, including how and to whom the disclosure is made. If you are unsure on the correct way to make the disclosure and to whom, seek advice from Community before doing so.

Non-Disclosure Agreements (NDAs)

For many years, people who reported sexual harassment were silenced by the use of Non-Disclosure Agreements (NDAs) in employment contracts, or in settlement agreements.

The Employment Rights Act 2025 now makes clear that any clause, in an employment contract or settlement agreement, is legally unenforceable if it attempts to stop a worker from:

• Making a protected disclosure about harassment or discrimination (including sexual harassment); or
• discussing how an employer has responded to such concerns.

This means your right to speak up about sexual harassment and to seek advice or support, cannot be signed away through an NDA or settlement agreement.

However, confidentiality clauses may still apply to other matters, such as commercially sensitive information, where appropriate and failure to adhere to these may be legally enforceable. If you are unsure, seek advice.

By strengthening whistleblowing protections in this way, the law is taking an important step towards encouraging transparency and accountability at work, helping to create safer working environments for everyone.

Important information about whistleblowing

• Not all complaints or disclosures will qualify for whistleblowing protection.
• Workers are generally encouraged to raise concerns through appropriate internal channels where it is safe and reasonable to do so.
• Different legal protections may apply depending on whether a concern is raised as a grievance or as a protected disclosure.
• Time limits may apply for bringing legal claims. These are usually 3 months less a day however they vary depending on the issue. If you are unsure, seek advice early to ensure you are not out of time.