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Employment Rights Act Factsheet: Sexual Harassment, Whistleblowing & Prevention Duties

The Employment Rights Act strengthens protection against sexual harassment in two important ways. Firstly, from 6 April 2026, reports of sexual harassment will count as protected disclosures for whistleblowing purposes. This means workers are protected from detriment and employees gain protection from automatic unfair dismissal with no minimum service requirement.

Secondly, from October 2026, employers will face a higher preventative duty. The duty will move from taking “reasonable steps” to taking “all reasonable steps” to prevent sexual harassment. Employers may also be directly liable where a worker is harassed by a third party, such as a parent, pupil, contractor, visitor or member of the public, if sufficient preventative steps have not been taken.

This factsheet includes:

• How sexual harassment disclosures will be protected under whistleblowing law
• What the move to “all reasonable steps” means for schools and trusts
• The increased risk of tribunal awards, including a potential 25% uplift
• How third-party harassment liability could affect public-facing education settings
• Higher-risk scenarios, including lone working, public-facing roles and leadership power imbalances
• Practical steps to review policies, risk assessments, reporting routes and staff training