What is whistleblowing?
Workers are considered to have ‘blown the whistle’, for the purposes of the Employment Rights Act, where they make certain ‘protected disclosures’ to their employer, legal adviser, or a prescribed person (prescribed persons include, but are not limited to, HMRC, the Financial Conduct Authority, the Health and Safety Executive, and the Information Commissioner).
Where workers have blown the whistle, they are entitled not to suffer a detriment or be dismissed as a result of having done so.
The protections will only apply where the worker reasonably believes they are acting in the public interest by making the disclosure and the disclosure tends to show a past, present or likely future failure in relation to one or more of the following:
- Criminal offences
- Failure to comply with an obligation set out in law
- Miscarriages of justice
- Endangering someone’s health and safety
- Damage to the environment
- Covering up wrongdoing in the above
What are an employer’s duties?
Ordinarily, there is no positive legal obligation on organisations to have any policy setting out what steps it will take in the event that a worker makes a protected disclosure and there is no guarantee that an employer will respond when disclosures are made.
Reform – Where does sexual harassment fall?
In some circumstances, it may be that a disclosure of sexual harassment qualifies for whistleblowing protection because it falls within one of the above categories (e.g. criminal offence or endangering someone’s health and safety).
However, this may not always be the case, for example where the effect of the harassment complained of is enough to humiliate someone or violate their dignity, but does not go so far as endangering their health and safety.
Reform – Changes from April 2026
6 April 2026: The Employment Rights Act 2025 introduced a distinct category in relation to disclosures about sexual harassment.
Workers who make protected disclosures about sexual harassment have the right not to suffer a detriment and employees who make them will have the right not to be unfairly dismissed as a result of the disclosure. This change makes it clearer that workers who make protected disclosures about sexual harassment are protected from suffering detriment, and it is automatically unfair to dismiss an employee for this reason.
In addition to introducing a distinct sexual harassment category, the Government indicated in a press release in April 2026 that it intends on consulting on the changes to the legal framework around whistleblowing more generally to ensure it is operating effectively. Whilst it was the Government’s intention to consult in summer 2026, the consultation remained awaited.
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.
