Employment Rights Act Policy explainer whistleblowing law changes, April 2026
The Employment Rights Act became law in December 2025, and the reforms in the Act are being implemented at various points throughout 2026 and 2027.
The second wave of reforms – including changes to whistleblowing protections – came into effect in Great Britain in April 2026.
From 6 April, a disclosure of sexual harassment expressly qualifies as a ‘protected disclosure’ under whistleblowing law, meaning workers who raise such concerns will be protected from detriment and unfair dismissal.
What is changing?
- The law will make clear that workers who ‘blow the whistle’ on sexual harassment can benefit from whistleblowing protections against detriment and unfair dismissal
- Previously, a worker would have to claim that their whistleblowing disclosure about sexual harassment fell under one of the existing categories of wrongdoing, such as a danger to health and safety
What do these changes mean for employers?
This change is likely to have limited day-to-day impact for employers, given that numerous reports of sexual harassment could already fall under whistleblowing provisions when presented as concerns over legal breaches or risks to health and safety. The primary effect of the reform will be to offer greater clarity, which could in turn motivate more employees to use formal whistleblowing channels to voice their concerns.
Employers can prepare for these changes by:
- Reviewing and updating their whistleblowing policy
- Briefing managers on the updated protections
If you have any questions about these changes, you can reach out to the IoD’s Information and Advisory Service at [email protected]. Full IoD members can access professional advice on HR issues and employment law as part of their membership.