Whistleblowing Protections for Sexual Harassment (2026): What UK Employers Must Do Now

The Employment Rights reforms introduced in April 2026 include important developments in how whistleblowing protections apply to workplace sexual harassment.

While whistleblowing law itself is not new, the scope of what constitutes a “protected disclosure” has evolved, particularly in relation to inappropriate behaviour, workplace culture, and employer accountability.

For UK employers, this represents more than a technical legal update. It signals a shift towards increased protection for employees who raise concerns about sexual harassment, and a higher expectation that employers will take those concerns seriously and act appropriately.

Understanding these changes, and how they interact with existing obligations under the Equality Act 2010, is essential for reducing risk and maintaining a safe and compliant workplace.

Whistleblowing occurs when a worker discloses information about wrongdoing in the public interest.

To qualify for protection under whistleblowing legislation, a disclosure must relate to certain types of wrongdoing, including:

• Criminal offences

• Breaches of legal obligations

• Health and safety risks

• Miscarriages of justice

• Concealment of wrongdoing

Where a disclosure meets the legal criteria, the individual is protected from detriment or dismissal as a result of raising the concern.

The 2026 reforms place greater emphasis on the protection of individuals who raise concerns about workplace sexual harassment.

In practical terms, this includes:

1. Greater Recognition of Sexual Harassment as a Protected Disclosure

Where concerns about sexual harassment reflect a broader failure by the employer to meet legal obligations, they are more likely to fall within the scope of whistleblowing protection.

This is particularly relevant where:

• The behaviour is systemic

• The employer has failed to act on previous complaints

• There is a culture of tolerance or inaction

2. Increased Focus on Employer Accountability

Employers are expected not only to respond to complaints, but to demonstrate that they have taken reasonable steps to prevent harassment and address concerns appropriately.

A failure to do so may strengthen the argument that a disclosure is in the public interest.

3. Strengthened Protection Against Retaliation

Employees who raise concerns about sexual harassment are increasingly protected from:

• Dismissal

• Disciplinary action

• Being treated unfavourably

This applies even where the concern is not ultimately upheld, provided it was raised in good faith and meets the legal threshold.

Sexual harassment is already unlawful under the Equality Act 2010.

However, the interaction with whistleblowing law adds an additional layer of protection.

An employee may:

• Bring a discrimination claim under the Equality Act

• Also argue that they have been subjected to detriment for whistleblowing

This creates a dual risk for employers, particularly where concerns are not handled appropriately.

Many SMEs rely on informal processes when dealing with employee concerns. While this may work in low-risk situations, it becomes problematic where allegations of harassment arise.

Key risks include:

• Failing to recognise when a complaint may constitute a protected disclosure

• Treating complaints as interpersonal issues rather than legal concerns

• Lack of documentation of how concerns were handled

• Inconsistent responses between managers

As protections expand, these gaps become more significant.

In practice, the following issues are frequently seen:

Dismissing Concerns Too Early
Employers may assume a complaint is minor or informal, without considering the broader implications.

Failing to Follow a Structured Process
Without a clear grievance or investigation process, responses can appear inconsistent or inadequate.

Lack of Confidentiality
Poor handling of sensitive information can deter employees from raising concerns and increase risk.

Inadequate Manager Training
Managers may not understand how to identify or escalate serious concerns appropriately.

No Clear Whistleblowing Procedure
Without a defined process, employees may not know how to raise concerns, and employers may struggle to respond consistently.

1. Review and Update Policies

Ensure you have:

• A clear anti-harassment policy

• A grievance procedure

• A whistleblowing policy

These should be aligned and reflect current expectations.

2. Implement a Structured Reporting Process

Employees should know:

• How to raise concerns

• Who to report to

• What will happen next

Clarity encourages reporting and supports early intervention.

3. Train Managers

Managers should understand:

• What constitutes sexual harassment

• When a concern may be a protected disclosure

• How to respond appropriately

• When to escalate issues

4. Take All Complaints Seriously

Even where concerns appear minor, they should be assessed objectively and documented.

5. Maintain Clear Records

Employers should be able to demonstrate:

• What was reported

• How it was investigated

• What action was taken

Documentation is critical in defending claims.

An employee raises concerns about inappropriate behaviour by a colleague. The manager treats the issue informally and does not escalate it or document the discussion.

The employee later raises the issue again, stating that similar behaviour has affected others.

They subsequently feel they are treated differently at work.

In this scenario, the employee may argue that:

• The employer failed to address harassment

• Their disclosure was in the public interest

• They were subjected to detriment as a result

This significantly increases legal risk.

The expansion of whistleblowing protections in relation to sexual harassment reflects a broader shift towards increased accountability for employers.

For SMEs, the key priorities should be:

• Recognising the seriousness of complaints

• Implementing structured processes

• Training managers

• Maintaining clear documentation

A reactive or informal approach is no longer sufficient.

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