Whistleblowing and Sexual Harassment.

Sexual harassment is to be explicitly categorised as a protected disclosure under the whistleblowing legislation with effect from 6 April 2026.

While sexual harassment complaints could already qualify as protected disclosures by demonstrating breaches of legal obligations, criminal offences, or endangerment to health and safety, the amendment will ensure clarity and help raise awareness among victims and whistleblowers.

This change reflects the Government's stated commitment to address workplace sexual harassment and whistleblowing rights. By explicitly recognising sexual harassment as a qualifying disclosure, it adds to the protection provided by the Equality Act 2010 against victimisation for raising such complaints potential remedies for whistleblowing detriment and, for employees who are dismissed, automatic unfair dismissal and interim relief.

It also reduces the scope for employers to use non-disclosure agreements (NDAs) to suppress allegations of sexual harassment.

Employers should have whistleblowing policies in place in order to encourage the disclosure of information which relates to suspected wrongdoing or dangers at work through the correct channels in order to:

• Help them comply with the law;
• Reduce the risk of financial loss and reputational damage in relation to any breaches of the law, including through early detection;
• Protect the safety of staff, customers or service users and the wider public; and
• Promote an ethical workplace culture.

Employers who already have such policies in place should update them to reflect the above change.