Whistleblowing Protections for Sexual Harassment: New UK Law from April 2026
In This Guide
The New Whistleblowing Protection
From 6 April 2026, sexual harassment became a qualifying disclosure under the Public Interest Disclosure Act 1998 — the UK's whistleblowing legislation.
This means that if you report sexual harassment at work — whether it happened to you or to someone else — you are treated as a whistleblower. You are protected from:
Automatic unfair dismissal
Being fired for reporting harassment is automatically unfair — no qualifying period needed
Protection from detriment
Your employer cannot demote, sideline, or punish you for making a disclosure
What Is a Qualifying Disclosure?
A qualifying disclosure is when you report information that you reasonably believe shows wrongdoing. For sexual harassment, this could include:
- Unwanted sexual advances or propositions
- Offensive comments, jokes, or innuendo
- Sharing sexual images or content
- Inappropriate touching or physical contact
- Creating a hostile, intimidating, or degrading environment
The disclosure must be made in the public interest, but the law presumes this is met for sexual harassment given its serious nature.
Third-Party Harassment Liability (October 2026)
Coming October 2026
Employers will be liable for harassment by customers, clients, and visitors unless they take 'all reasonable steps' to prevent it. This is an upgrade from 'reasonable steps' — a higher standard of employer duty.
This change is particularly significant for workers in hospitality, retail, healthcare, and any customer-facing role where harassment from third parties has historically been overlooked.
NDAs Can No Longer Silence Victims
A further change to the law — expected in 2026 but with no confirmed date yet — will void NDA clauses that prevent workers from alleging or disclosing work-related harassment or discrimination.
This means employers will no longer be able to use settlement agreements or NDAs to buy silence from victims of sexual harassment. If you have signed an NDA, this change may affect your ability to speak about what happened.
What to Do If You Experience Sexual Harassment
Record everything
Keep a dated record of every incident — what happened, when, where, and who witnessed it.
Report it in writing
Submit a formal grievance to your employer. Your written disclosure is now protected under whistleblowing law.
Do not resign under pressure
If your employer retaliates, you may have claims for both automatically unfair dismissal and whistleblowing detriment.
Get advice
Use Belonge AI for free guidance or book a case assessment with a qualified employment law professional.
Frequently Asked Questions
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Last reviewed: 13 September 2026
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