Sexual Harassment Reports Are Now Protected Disclosures: What Changed on 6 April 2026

What Changed and Why It Matters

Before 6 April 2026, an employee who reported sexual harassment at work and was then dismissed faced a difficult legal landscape. Their claim was primarily a sexual harassment claim under the Equality Act 2010, potentially combined with an unfair dismissal claim if they had two years service. Whistleblowing protection was theoretically available but required the employee to show the disclosure fitted one of the existing categories -- most commonly arguing it was a disclosure about a failure to comply with a legal obligation. That argument often required legal expertise to construct and was not always accepted.

From 6 April 2026 that changed. Under section [relevant provision] of the Employment Rights Act 2025, a disclosure of information relating to sexual harassment now qualifies directly as a protected disclosure under the whistleblowing provisions of the Employment Rights Act 1996. The employee does not need to fit the disclosure into one of the existing categories. Reporting sexual harassment is itself a qualifying disclosure, provided it was made in the reasonable belief that it is in the public interest.

What This Means in Practice

If you reported sexual harassment at work -- to your manager, to HR, to a regulator, to the police, or to any other appropriate person -- and your employer then dismissed you or treated you less favourably, you now have three overlapping claims available:

First, a sexual harassment claim under the Equality Act 2010 -- that you were subjected to unwanted conduct related to sex that had the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. This claim is against the individual harasser and potentially the employer. It is uncapped.

Second, a victimisation claim under the Equality Act 2010 -- that your employer treated you less favourably because you made a complaint about sexual harassment. This is also uncapped.

Third, and now for the first time as a direct route, a whistleblowing detriment or automatic unfair dismissal claim under the Employment Rights Act 1996 -- that you suffered a detriment or were dismissed because you made a protected disclosure about sexual harassment. This is also uncapped and requires no qualifying period of employment.

The practical significance of having all three available is that it strengthens your overall position significantly. An employer defending three separate uncapped claims is in a materially different position from one defending a single discrimination claim.

The Public Interest Requirement

For a disclosure to qualify as a protected disclosure it must be made in the reasonable belief that it is in the public interest. This does not mean the disclosure has to be about wrongdoing affecting the general public in a broad sense. Tribunals have interpreted this requirement broadly. A disclosure about sexual harassment within a workplace -- made by an employee who reasonably believed others might be affected, or that the employer had a systemic failure to address harassment -- will generally satisfy the public interest test. You do not need to prove the harassment was widespread. You need to have reasonably believed your disclosure was in the public interest at the time you made it.

The "All Reasonable Steps" Duty -- Also New From 6 April 2026

Alongside the whistleblowing change, the ERA 2025 also strengthened the employer's duty to prevent sexual harassment. The previous duty required employers to take "reasonable steps" to prevent harassment. From 6 April 2026 the duty requires employers to take "all reasonable steps." This higher standard applies to harassment by colleagues and -- crucially -- by third parties such as customers, clients, and contractors.

This matters for your claim because it means the threshold for establishing that your employer failed in their duty has risen. An employer who had a sexual harassment policy but did not actively train managers, did not carry out risk assessments, and did not investigate complaints promptly has almost certainly failed the "all reasonable steps" standard. A failure to meet this duty attracts a 25% uplift on any compensation awarded in a sexual harassment claim.

Who Can Bring This Claim

Whistleblowing protection applies to workers, not just employees. This means zero-hours workers, agency workers, and contractors are also covered, provided they personally perform work under a contract. There is no qualifying period. A worker who was harassed and reported it on their first day of work, and was then dismissed, has the same whistleblowing protection as a worker with ten years service.

The detriment does not have to be dismissal. It includes: demotion, reduction in hours, removal from projects, exclusion from meetings, negative performance reviews issued after a complaint, failure to renew a contract, and any other less favourable treatment connected to the disclosure.

Interim Relief

Because the whistleblowing route is now available as a direct claim, interim relief is also available. If you were dismissed after reporting sexual harassment on or after 6 April 2026, you have seven days from your dismissal date to apply for interim relief at the employment tribunal. This can result in an order requiring your employer to continue paying your salary while the case proceeds. The seven-day deadline is absolute. If you were dismissed this week, apply today.

Time Limits

Your time limit for the whistleblowing claim and the Equality Act claims is three months less one day from the date of the act you are complaining about -- either the dismissal date or the date of the last act of detriment. You must contact ACAS and start early conciliation before issuing proceedings. The ACAS certificate pauses the limitation clock. Contact ACAS at acas.org.uk today. From October 2026 the time limit for most ET claims extends to six months, but until then the three-month rule applies.