Since 6 April 2026, workers who report sexual harassment in the workplace have protection under whistleblowing legislation.
This means that individuals who make such reports may be protected from detriment and unfair dismissal.
What constitutes a protected disclosure?
A disclosure may qualify for whistleblowing protection where a worker reasonably believes that it is in the public interest and relates to wrongdoing. This includes concerns relating to criminal offences, breaches of legal obligations, risks to health and safety, or the concealment of wrongdoing.
Reports of sexual harassment will often fall within the categories of a breach of a legal obligation or a health and safety risk. The express recognition of sexual harassment as a qualifying disclosure is intended to provide greater clarity, encourage reporting, and promote accountability in the workplace. It also limits the scope for employers to rely on non-disclosure agreements (NDAs) to suppress allegations of sexual harassment.
Why does this matter?
A complaint of sexual harassment may indicate wider workplace issues, including repeated inappropriate behaviour, a poor workplace culture, inadequate responses to previous complaints, or systemic failings that increase the risk of future harassment.
Whistleblowing claims can be complex and may result in claims for automatic unfair dismissal, for which compensation is unlimited. Consequently, the way in which employers investigate and manage such complaints is likely to be closely scrutinised.
What should employers do?
A key challenge for employers is identifying when a complaint extends beyond an individual grievance and may amount to a protected disclosure. While not every complaint will attract whistleblowing protection, employers should understand when those protections may apply and the risks associated with failing to identify and manage concerns appropriately.
Employers should review their whistleblowing and anti-harassment policies, ensure that reporting channels are clear and accessible, and provide training to managers so that potential protected disclosures are recognised and handled appropriately from the outset.
If you are unsure whether a workplace concern could amount to a protected disclosure, or you require support in managing a sexual harassment complaint, please get in touch.