Employment Rights Act 2025 expands whistleblowing protection to sexual harassment

We’ve been looking at upcoming changes to the Employment Rights Act 2025 (ERA). Following our recent blogs on Statuary Sick Pay and family leave, Helen Russell, lead HR consultant and solicitor in our employment team, examines new measures on sexual harassment prevention coming into force in April 2026.

What is changing?

Currently, as regards “Protected Disclosures”, employees must show that their concern fell into a category of ‘wrongdoing’, such as a criminal offence or a danger to health and safety, to be protected.

Typically, these were seen as relating to fraud or dangerous practices. From 6 April 2026, disclosures about sexual harassment will be expressly recognised as a form of whistleblowing.

This will reduce uncertainty for both employers and employees, providing that the usual legal tests are also met (including the public interest test, disclosure to an appropriate person and good faith).

Under the ERA, what protections are granted?

Employees making allegations that sexual harassment has occurred, is occurring or is likely to occur will be protected against:

• Detriment, which is any adverse treatment because of the raising of the concern, such as being subject to hostility or being denied opportunities.
• Unfair dismissal, which will usually be treated as automatically unfair, with no minimum service requirement and no cap on compensation (i.e. it is a protection from day-one).

The logic is that this protection will prevent employees from feeling as though they cannot speak up due to fear of career damage, being disbelieved, or being labelled a troublemaker.

What should employers be doing?

• Update your whistleblowing policy to explicitly refer to sexual harassment as an example of reportable wrongdoing.
• Align sexual harassment, grievance, and whistleblowing procedures to make the way that they will be triaged clear.
• Train managers and HR to recognise when a concern relating to sexual harassment may amount to a protected disclosure, and how they should respond in a way that avoids allegations of detriment or victimisation.
• Review Non-Disclosure Agreements (NDAs) and settlement templates.
• Strengthen your culture and reporting channels so that employees feel able to speak up early.

A lot is happening in April

Other key April 2026 changes to consider include:

• An increase in the protective award maximum (payable in circumstances in which employers have failed to follow collective consultation obligations) doubles from 90 days’ pay per employee to 180 days.
• The Fair Work Agency is to be created.
• Statutory Sick Pay is payable from the first full day of sickness and there is a new Statutory Sick Pay calculation (See prior blog).
• There are changes to Paternity Leave, Bereaved Partner’s Paternity Leave and Unpaid Parental Leave (See prior blog).

Our employment and HR team will be very happy to speak to you if you would like to understand these issues, and any others in relation to the ERA, and can be reached on [email protected] or by calling 01772 258321.