Harassment reports now protected disclosures

Sexual harassment is now one of the categories of wrongdoing that can make a disclosure “protected” under whistleblowing law. A worker who reports it is protected from detriment, and an employee dismissed mainly for doing so is automatically unfairly dismissed with no qualifying period.

Who it affects

All employers. Applies to workers as well as employees.

What changes

• Disclosures that sexual harassment has occurred, is occurring or is likely to occur can qualify for whistleblowing protection.
• Dismissal because of such a disclosure is automatically unfair from day one.

What to do

1. Add sexual harassment to the list of reportable concerns in your whistleblowing or “speak up” policy.
2. Make sure there is more than one route to report — in a small firm the harasser may be the manager.

Documents to review

• Whistleblowing (speak-up) policy : Sexual harassment listed as a reportable concern; A route that bypasses the line manager.
• Anti-harassment policy : Covers customers, clients and contractors; How to report, who investigates, timescales; Consequences for customers who harass staff.

Tick these off and export the dates to your calendar in the business plan tab.

Sources

1. S.I. 2026/323 — Commencement No. 2 Regulations
2. Employment Rights Act 2025, section 23 — Protection of disclosures relating to sexual harassment
3. GOV.UK — Plan to Make Work Pay and Employment Rights Act: timeline update (updated 22 October 2026)

A summary for employers, not legal advice. Where a change depends on regulations not yet made, details may differ from this page.