Whistleblowing and Sexual Harassment: A New Era of Protection and Responsibility.

Sexual Harassment has traditionally been one of the most under-reported forms of workplace misconduct. People stay silent not because the harm is small, but because the risks of speaking up have historically felt too high. Careers, reputations and mental health can all be affected.

With the Worker Protection (amendment of the Equality Act 2010) Act 2023 and the Employment Rights Act 2025 the UK has entered a new legislative era – reshaping how organisations must prevent harassment and how workers are protected when they blow the whistle on Sexual Harassment.

Since 26^th October 2024 there has been a legal duty placed on employers to take “reasonable Steps” to prevent Sexual Harassment before it happens. This duty, introduced under the Worker Protection Act 2023 (which amended the Equality Act 2010), required organisations to anticipate risks, strengthen culture and act pro-actively rather than re-actively.

If an employer fails to meet this duty Tribunals can increase any compensatory award to a claimant by 25%.

This law is due to change again in October this year when under the Employment Rights Act 2025 Employers will not only become liable for harassment from “Third Parties”, such as suppliers, customers and any other service providers, this co-incides with an increased duty to take “all reasonable steps” to prevent harassment.

The other major legislative change which became effective from 6^th April this year under the Employment Rights Act 2025, is that Sexual Harassment became a protected whistleblowing category in its own right, explicitly qualifying for whistleblowing protection.

This means:

• Workers who report sexual harassment – past present or likely, future, can be protected from detriment or unfair dismissal.
  
  
• They no longer need to “fit” their disclosure into categories like health and safety or breach of legal obligation.
  
  
• Employers cannot use Non-Disclosure Agreements or Settlement Agreements to prevent protected disclosures.
  
  

This clarity matters. It removes ambiguity, strengthens legal recourse and signals that reporting harassment is firmly in the public interest.

Even with stronger laws, it remains a reality that whistleblowing is hard. People fear retaliation, disbelief or being labelled as “difficult”. When the perpetrator holds power in an organisation the stakes are even higher.

The new legislation doesn’t erase these fears but it does give workers stronger legal armour and makes the case for organisations to shift their focus from passive compliance to active prevention, actions employers must consider are as follows:

• Update whistleblowing policies to explicitly include “Sexual Harassment”
• Train managers on the new protections and reporting routes.
• Strengthen anti-harassment policies and ensure they align with whistleblowing procedures.
• Create safe, confidential channels for disclosures.
• Demonstrate zero tolerance for retaliation - and mean it.

These are cultural commitments rather than a box ticking exercise. Legislation can mandate duties and protections, but it cannot, on its own create trust. That requires leadership, transparency and a willingness to confront uncomfortable truths.

The UK’s new legal framework marks a decisive shift: Prevent harassment, protect whistleblowers, and prioritise safety over silence.

Although the Government has yet to clarify exactly what “All reasonable steps “looks like it is evident that organisations must not just embrace the letter of the law but also its spirit, workplaces must become places where people feel safe, respected and empowered to speak up – and that is the culture every worker deserves.

Further recommended reading:

Harassment in the Workplace