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Sexual harassment will become a ‘qualifying disclosure’ under whistleblowing law with effect from 6 April 2026. This will mean protection from detriment and unfair dismissal for whistleblowers making a sexual harassment disclosure.
Section 23 of the Employment Rights Act 2025 (ERA 2025) will amend the definition of ‘qualifying disclosure’ in section 43B of the Employment Rights Act 1996 (ERA 1996) to include a disclosure that sexual harassment (within the meaning of section 26(2) of the Equality Act 2010) “has occurred, is occurring or is likely to occur”.
A worker will still have to demonstrate that they reasonably believe that the disclosure is made in the public interest and satisfy the other existing rules about protected disclosures in order to benefit from the protection against detriment and unfair dismissal. Disclosures to an employer, prescribed persons and/or legal advisers are likely to be protected but wider disclosures (to the press or on social media) are likely only to be protected in limited circumstances.
Allegations around sexual harassment are likely already qualifying disclosures because sexual harassment may amount to a breach of a legal obligation but explicit legal recognition will dispel any ambiguity and will hopefully raise awareness among victims and potential whistleblowers that they ought to be protected. For anyone raising such allegations this is not a step to take lightly and speaking to a good, specialist lawyer may provide reassurance and additional protections, before you make the disclosure.
It will also raise the possibility of interim relief being available to an employee who has been dismissed for raising an allegation of sexual harassment, enabling her to protect her position pending her full claim being heard.
You can read more about what sexual harassment is and the work we do in this space on our website or via Acas.
It is to be hoped that the treating of sexual harassment allegations as whistleblowing will lead to employers paying greater attention. Advice for employers on how to manage this change in the law can be found here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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