Employment Rights Act (ERA) Update - Whistleblowing Protections for Sexual Harassment from April 2026

Welcome to our latest article in our series on the Employment Rights Act (ERA).

From our recent ERA updates, there is a raft of changes which come into effect earlier this month, April 2026.  If you have missed any of our previous articles, you can read them here.

The ERA has introduced increased worker protections, and in this article, we will focus on the new protections against sexual harassment. From 6 April 2026, sexual harassment disclosures will be protected under whistleblowing law, and by October 2026, employers must take all reasonable steps to prevent harassment of their workers (which, for this article, includes "employees"), including liability for third-party actions.   

What is the Current Situation?

The Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force in October 2024, requires employers to take reasonable steps to prevent sexual harassment.

Although ‘reasonable steps’ isn’t defined, the Equality and Human Rights Commission (EHRC) has set clear expectations. Employers should:

• Assess risks of sexual harassment
• Implement preventative measures
• Have clear policies and reporting channels
• Train staff with up-to-date, properly recorded training
• Take complaints seriously and act promptly.

What is Changing in April and Why?

The ERA tightens the standard and introduces key changes requiring employers to act even more proactively, rather than respond only after issues arise.

April 2026 – Whistleblowing

From 6 April 2026, any report of sexual harassment will automatically count as a protected disclosure in relation to a potential whistleblowing claim. This means workers will be protected from detriment and (in the case of the employee only) unfair dismissal. Dismissal in these circumstances would amount to an automatic unfair dismissal, for which there is no limit on compensation and no minimum service requirement. 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 or breach of a legal obligation.  Going forward, sexual harassment will become a qualifying disclosure under whistleblowing legislation.

This change aims to encourage earlier and safer reporting of misconduct without fear of retaliation.

What Further Changes are Coming?

October 2026 – The new enhanced proactive duty

From October 2026, employers must take ‘all’ reasonable steps to prevent sexual harassment of their workers. The word ‘all’ signals a much higher threshold, requiring employers to undertake proactive risk management and documented preventative action. It aligns the duty with the high bar already seen in the “all reasonable steps” defence under the Equality Act 2010.

The government has indicated that it expects “all reasonable steps” to include conducting risk assessments, publishing clear and accessible policies, maintaining robust reporting lines and complaints procedures.

Regulations setting out what counts as ‘all reasonable steps’ will be published in 2027, following a public consultation. We will keep you posted as this develops.

October 2026 – Liability for third-party harassment

From October 2026, employers will be directly liable if a worker, acting in the course of their employment, is harassed by a third party (e.g., contractor, client, pupil, parent, member of the public) and the employer has not taken all reasonable steps to prevent it. This applies equally to harassment related to any protected characteristic.

Schools / Trusts must therefore think beyond their own workforce and take steps to manage risks arising from public-facing interactions.

Why This Matters

Failure to comply with these new standards may result in the following:

• Increased tribunal awards, potentially up to a 25% uplift in compensation
• Regulatory enforcement by the Equality and Human Rights Commission (EHRC)
• Reputational damage affecting recruitment and retention.

What This Means For Schools and Trusts

Schools / Trusts should prepare for the new protections for sexual harassment in the following ways:

Schools / Trusts should update anti-harassment policies and whistleblowing policies to cover the protected disclosure changes and make reporting channels clear and consistent across related policies. In due course, relevant policies should also be updated to include ‘all reasonable steps’ and third-party harassment.

Schools / Trusts should conduct risk assessments and include higher risk scenarios such as lone working and public-facing situations. The risk assessments should be easily accessible, identifying where the risk may arise, who is most vulnerable, what controls are already in place and what further steps may be required.

Training is important to ensure legal compliance, and it should be carried out regularly.  Schools / Trusts should ensure that the training is given to all staff, including managers and senior leaders and updated to cover third-party risks, as well as how to challenge inappropriate behaviour and how to report concerns safely.

Senior leaders must be proactive and visible champions of the new requirements and model the correct behaviour. Leadership must be willing to challenge inappropriate behaviour.

How Judicium Can Help You

The changes outlined above mark a shift from reactive to proactive prevention of sexual harassment in the workplace.  Workers gain stronger protections through whistleblowing law, while employers face higher standards of accountability, including for third-party harassment.  Early preparation is important for compliance and risk mitigation.

To reflect the new whistleblowing protections, we have updated the following policies and supporting documents, ready to support you in your School / Trust:

• Whistleblowing Policy and Procedure
• Anti-Harassment and Bullying Policy
• Equal Opportunities and Diversity Policy
• Staff Code of Conduct
• Guidance - Handling Complaints of Sexual Harassment
• Risk Assessment

These policies and supporting documents will be updated further once we have further details regarding ‘all reasonable steps’ and prevention of third-party harassment.

If you are already an ELHR client, you can access these documents in the usual way. If you would like us to review any of your policies or documents, please feel free to send them to the team.  We can also provide training - details are outlined below.

For Our Non HR and Employment Law Clients...

We offer a comprehensive Sexual Harassment Training and Resource package, which includes the following:

Training:

• Live interactive Manager/SLT training
• Pre-recorded training for all remaining staff

Resources: 

• Template Policies
• Risk Assessment
• Resources Pack 

You can find out more about this and associated costs here.

Join our ERA Briefing Sessions

Find out more and book here. 

Stay Informed... 

The Employment Rights Act represents a major shift in employment law. Most changes are not immediate, but schools/trusts that prepare now will be better placed to manage risk, control costs, and maintain positive staff relations.

We will continue to send out regular updates on the different aspects of the Act to keep you informed of the changes. Watch out for more updates in the new year, which will focus on forthcoming changes and how you can prepare.

Subscribe here to keep informed of the proposed changes and how best to prepare for them. Our team are also here to help our clients review policies, train managers, and prepare for the new landscape.

As always, we're here to support you with any questions you may have in relation to the Employment Rights Act 2025. Please don’t hesitate to get in touch via the usual channels if you need advice or assistance.   

You can contact us at employmentlawadvice@judicium.com and you can find information regarding our Employment Law and HR service  here. 

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