The Employment Rights Act 2025 (ERA 25) is bringing in sweeping changes to employment law and keeping track of when everything is happening is a complex task.
One such change that some may have overlooked came into force from 6 April 2026; from that date, the definition of “qualifying disclosures” has been extended to include sexual harassment.
Since October 2024, there has been a proactive duty in place for employers to prevent sexual harassment of their workers. They must take reasonable steps to prevent sexual harassment of workers in the course of their employment.
With this duty came new protections; employees are now able to complain directly to the Equality and Human Rights Commission (EHRC) that their employer is failing in this duty, even if sexual harassment has not occurred. This can lead to direct enforcement action being taken against the employer. In addition, employment tribunals can now consider whether the duty has been complied with in sexual harassment claims and, if not, increase compensation awards by up to 25%.
Now, there is another layer of protection for those facing sexual harassment in the workplace, which is provided by the law on whistleblowing.
Protected disclosures
A “protected disclosure” is a disclosure of information made by a worker about certain types of wrongdoing that are in the public interest. To qualify as a protected disclosure, the disclosure must relate to one or more of the following:
- criminal offences
- breach of any legal obligation
- miscarriages of justice
- danger to the health and safety of any individual
- damage to the environment
- deliberate concealment of information regarding any of the above
- from 6 April 2026, this list includes sexual harassment that “has occurred, is occurring or is likely to occur”.
The disclosure must also be in the “public interest”. This means that complaints that are only relevant to the individual making the disclosure do not fall within the whistleblowing protection — it must affect, or have the potential to affect, a wider group.
Whistle-blower protections
When an individual makes a whistleblowing complaint, they are protected from suffering a detriment because of this disclosure. Detriments can include disciplinary action for raising concerns, bullying in the workplace or a reduction in overtime, etc. This is designed to encourage individuals to raise whistleblowing concerns without fear of retaliation.
It’s not just detriments that whistleblowers are protected from. Where an employee is dismissed for making a protected disclosure, this is automatically an unfair dismissal. There is no qualifying service for this protection, therefore it protects employees from unfair dismissal from the first day of their employment.
There is also no question of reasonableness brought into whether the dismissal was fair or not, as would be the case in an ordinary unfair dismissal claim. If the reason for dismissal was whistleblowing, then the employment tribunal will find it to be unfair and the employee will be compensated accordingly.
Sexual harassment disclosures now protected
Under the ERA 25, whistleblowing protections were expanded from 6 April 2026 to explicitly include disclosures regarding sexual harassment. In doing this, the Government is taking steps it says will strengthen protections for workers who report or disclose incidents of sexual harassment in the workplace.
Impact of changes
Employers will need to carefully consider any grievances, etc raised about sexual harassment and assess whether it is appropriate to apply a whistleblowing procedure.
Other changes to sexual harassment laws under the ERA 25
Whistleblowing isn’t the only change touched by the reforms of the ERA 25 in relation to sexual harassment. From October 2026, significant changes are expected to take effect.
Extension of the proactive duty for employers
Employers will be required to take all reasonable steps to prevent sexual harassment in their organisation. This is an enhancement of the duty introduced in 2024, which requires employers to take reasonable steps. This change raises the standard of employer responsibility.
Employers’ liability for third-party harassment
Employers will be made explicitly liable for sexual harassment of their employees by third parties, such as customers, clients, or members of the public. Currently, employers must take reasonable steps to prevent such harassment, but the new law establishes direct liability.
Regulations on reasonable steps
The ERA 25 also introduces the power for secondary regulations to be made specifying what steps are considered “reasonable” for employers to take in preventing sexual harassment. These regulations will be designed to provide clearer guidance on compliance with the extended duty. It’s expected that these will come into force in 2027/28.
These changes are designed to strengthen protections against workplace sexual harassment and ensure accountability for both employers and third parties.
Takeaway
Sexual harassment is back on employers’ radar again and it’s a reminder of the importance of taking steps to prevent it within all organisations. With the additional protections and requirements being introduced under the ERA 25, employers will now need to take active and robust steps more than ever.
If you need assistance or further advice on this topic please do get in touch.
