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In the UK, from April 2026, changes to the Employment Rights Act and whistleblowing legislation came into force. UK employers now face a significant shift in workplace compliance. Sexual harassment disclosures are now a protected type of disclosure under whistleblowing legislation. This increases the potential for Employment Tribunal claims against organisations that fail to handle such disclosures properly.
The reforms to the Employment Rights Act and to whistleblowing provide stronger protections for employees who raise concerns about workplace sexual harassment, victimisation, toxic culture, or systemic management failures. It places a greater responsibility on employers to demonstrate that they have robust compliance procedures, anti-retaliation safeguards, and effective workplace training in place
In this article, we explain what the 2026 changes to the whistleblowing legislation mean for employers and set out the increased risks for businesses and the actions which employers must take in order to become compliant and to reduce their exposure to workplace litigation.
What Does This Law Change Mean for Workers?
In practical terms, employees and workers who raise concerns about sexual harassment are legally protected from detriment, retaliation, and automatic unfair dismissal. However, the disclosure must meet standard statutory whistleblowing tests, including the core requirement that the disclosure is made in the public interest.
The Public Interest Test
For a sexual harassment report to trigger whistleblowing protections, the worker must reasonably believe the disclosure is in the public interest (e.g., exposing systemic issues, toxic workplace culture, or a failure of management to protect staff).
Increased Risk Exposure for UK Employers
This change increases risk exposure for employers. A complaint that may previously have been treated solely as an internal grievance or an isolated conduct issue can now simultaneously trigger whistleblowing protections.
This creates severe Employment Tribunal risk if the individual later experiences any form of workplace retaliation, such as:
- Dismissal or disciplinary action
- Exclusion from professional opportunities
- Negative treatment or bullying by peers/management
- Blocked progression or denied training opportunities
Employment Tribunals will now likely scrutinise two distinct phases: the original harassment allegation itself, and exactly how the organisation responded after the concerns were raised.
7 Essential Compliance Actions for Employers
Organisations should not underestimate the operational impact of this reform. This is no longer simply a policy update; it is a major governance, culture, and risk-management issue that requires immediate leadership visibility.
Employers should immediately prioritise the following seven compliance actions:
1. Update Whistleblowing Policies
Review and amend whistleblowing policies to explicitly reference sexual harassment disclosures as qualifying protected disclosures.
2. Overhaul Grievance & Escalation Procedures
Update internal grievance, investigation, and escalation procedures to ensure whistleblowing pathways are triggered when a harassment complaint is flagged.
3. Train Management to Recognise Disclosures
Train managers and line supervisors to immediately recognise when a standard harassment complaint also constitutes a protected whistleblowing disclosure.
4. Train HR and Investigators
Ensure investigators, compliance officers, and HR teams are properly trained in handling complex whistleblowing complaints and maintaining confidentiality.
5. Deploy Mandatory Workforce-Wide Training
Deliver mandatory anti-harassment and whistleblowing training across the entire workforce to set cultural expectations.
6. Enforce Strict Record-Keeping
Keep detailed, time-stamped records of all reports, investigation steps, evidence gathered, and follow-up actions taken.
7. Review Anti-Retaliation Safeguards
Review and strengthen victimisation and retaliation safeguards to protect the reporting individual from post-disclosure workplace detriment.
The Importance of the “Reasonable Steps” Defence
Training is particularly critical under this framework. Equality and Human Rights Commission (EHRC) and ACAS guidance continue to emphasise that regular, meaningful, and role-specific training forms a core part of the “reasonable steps“ employers are expected to take to prevent harassment.
Failing to implement these steps directly exposes an organisation to uncapped tribunal damages and severe reputational fallout. Proactive compliance is the only robust defence.
UK Whistleblowing Law FAQs
Why is workplace training so important under the 2026 reforms?
Training forms a critical part of the employer’s “reasonable steps” defence under UK employment law. Employers are expected to provide regular, meaningful, and role-specific anti-harassment and whistleblowing training to managers, HR teams, investigators, and employees.
What training should employers provide?
Employers should deliver:
- Confidentiality and record-keeping training
- Anti-sexual harassment training
- Whistleblowing awareness training
- Management escalation training
- HR investigation training
- Anti-retaliation and victimisation prevention training
How often should anti-harassment and whistleblowing training be refreshed?
Tribunals can scrutinise an employer’s policies and procedures and how they are implemented, and also the frequency and quality of training. Best practice is to provide regular refresher training, at least annually, particularly for managers and HR personnel.
Is sexual harassment now protected under UK whistleblowing law?
Yes. From 6 April 2026, UK law explicitly recognises disclosures relating to sexual harassment as qualifying disclosures under whistleblowing legislation, provided the disclosure meets the statutory whistleblowing tests, including the public interest requirement.
What is a qualifying disclosure under the Employment Rights Act?
A qualifying disclosure is a disclosure of information which a worker reasonably believes shows wrongdoing, unlawful conduct, or a failure to comply with legal obligations. Under the 2026 reforms, reports concerning workplace sexual harassment may now qualify for whistleblowing protection.
What protections do employees receive under whistleblowing legislation?
Workers who make protected disclosures are legally protected against retaliation, victimisation, dismissal, disciplinary action, career detriment, bullying, or negative treatment connected to the disclosure.
What is the public interest test in whistleblowing cases?
The worker must reasonably believe their disclosure is in the public interest. In sexual harassment cases, this may include concerns about systemic workplace culture, repeated misconduct, failures by management to act, or risks to other employees.
Can a sexual harassment complaint also be a whistleblowing disclosure?
Yes. A complaint can simultaneously amount to both an internal grievance and a protected whistleblowing disclosure. Employers must therefore assess harassment complaints carefully and avoid treating them solely as HR conduct matters.
Why does this increase Employment Tribunal risk for employers?
Tribunals can now examine both the original harassment allegation and the employer’s response after the disclosure was raised. Any retaliation, poor investigation process, or failure to protect the reporting individual may create significant legal exposure.
What counts as retaliation or detriment under whistleblowing law?
Examples include dismissal, disciplinary action, denial of promotion, exclusion from projects, reduced responsibilities, bullying, hostile treatment, blocked training opportunities, or negative performance management linked to the disclosure.
Are whistleblowing compensation awards capped in the UK?
No. Compensation in whistleblowing dismissal claims can be uncapped, which significantly increases financial exposure for employers that fail to comply with their legal obligations.
What records should employers keep following a disclosure?
Organisations should maintain detailed, time-stamped records of:
- Follow-up monitoring
- The original disclosure
- Investigation steps taken
- Evidence gathered
- Risk assessments
- Communication with the reporting worker
- Outcomes and remedial actions
What are the biggest compliance mistakes employers should avoid?
Common mistakes include:
- Outdated workplace training programmes
- Failing to recognise a protected disclosure
- Treating complaints purely as grievances
- Poorly trained managers
- Weak investigations
- Lack of confidentiality
- Inadequate documentation
- Failure to prevent retaliation
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Author: eLearning Marketplace
Sources:
https://www.gov.uk/guidance/whistleblowing-guidance-for-employers
https://www.acas.org.uk/employment-rights-act-2025
https://www.shoosmiths.com/perspectives/stories/articles/2026-a-new-era-for-the-duty-to-prevent-sexual-harassment
