Sexual harassment in the workplace can take many forms, from unwanted comments, non-verbal behaviours and inappropriate actions to more serious acts – but all create an unsafe or hostile working environment.
When someone experiences sexual harassment, they may choose to report what has happened through a workplace complaint or grievance process. However, there are also situations where concerns about sexual harassment raise wider questions about workplace culture, legal responsibilities, risks to others, or how an organisation responds when concerns are raised. In these circumstances, whistleblowing may provide another route for workers to raise concerns.
Whistleblowing is an important safeguard that allows workers to report suspected wrongdoing, breaches of legal obligations, or risks affecting others, while providing protection from retaliation when legal requirements are met. Since April 2026, sexual harassment is officially a qualified disclosure under UK whistleblowing law where it is made in the public interest and meets the criteria for a protected disclosure.
What Is Whistleblowing?
Whistleblowing is when a worker reports concerns about wrongdoing, illegal acts, or risks within the workplace. The purpose of whistleblowing legislation is to encourage people to speak up about issues that could harm others, without fear of losing their job or facing negative treatment as a result.
A whistleblower is not simply someone who is unhappy with a workplace decision or who disagrees with how they have been treated. For a disclosure to receive legal protection, it must meet specific criteria.
A key part of whistleblowing is the public interest requirement. This means that the concern must go beyond a purely personal dispute and relate to an issue that affects other people or society more broadly – disclosures must benefit others, not be just personal grievances.
Examples of concerns that may amount to whistleblowing include:
- criminal offences, such as fraud or assault.
- risks to health and safety.
- breaches of legal obligations.
- environmental risks.
- failures that could harm members of the public.
- discrimination or practices that create unsafe working environments.
What Counts as a Protected Disclosure?
A protected disclosure is a whistleblowing disclosure that meets the legal requirements set out in UK whistleblowing law.
Generally, a disclosure must involve:
- A reasonable belief that wrongdoing has occurred, is occurring, or is likely to occur: A worker does not need to prove that wrongdoing has definitely happened. They need to have a reasonable belief that their concern is valid based on the information available to them.
- A qualifying disclosure: The concern must relate to one of the categories recognised under whistleblowing legislation, such as breaches of legal obligations, criminal offences, health and safety risks, attempts to conceal wrongdoing, unsafe environments or unethical behaviour.
- A belief that raising the concern is in the public interest: The concern must affect more than just the individual raising it. This does not mean that the whistleblower cannot personally be affected; it means the concern has a wider significance.
Can Sexual Harassment Be Whistleblown?
Since 6 April 2026, sexual harassment is a qualified disclosure under UK Whistleblowing law and can officially be raised through whistleblowing channels.
However, sexual harassment also overlaps with discrimination law. Sexual harassment is unlawful conduct under the Equality Act 2010. Furthermore, since the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023, employers also have a legal duty to take reasonable steps to prevent sexual harassment in the workplace. This means that organisations are expected to identify risks, understand workplace culture, and take proactive steps to prevent harassment from occurring.
The April 2026 amendment, implemented through the Employment Rights Act 2025, further strengthen sexual harassment legalisation as sexual harassment now also qualifies under Whistleblowing law when it is a systemic issue, a risk to others or an employer failures to act.
The important consideration under this legalisation is the difference between a personal grievance and individual complaint vs wider workplace concern.
A personal complaint about an incident that happened to one person will usually be handled through a grievance or harassment complaint process. For example: “My colleague made unwanted sexual comments towards me, and I want the organisation to investigate.” This is likely to be a personal complaint.
A whistleblowing concern may look more like: “There have been repeated reports of sexual harassment by senior staff members, several employees have raised concerns, and the organisation has failed to take action.” This raises concerns about wider organisational risk, governance, and the safety of others.
When Sexual Harassment Meets Public Interest
Sexual harassment may become a whistleblowing issue where it highlights broader patterns or failures. Examples may include:
- Patterns of behaviour: If multiple employees experience repeated incidents or similar behaviours from the same person or within the same team, this may indicate a wider workplace culture issue rather than an isolated incident. For example, a worker may raise concerns that a manager repeatedly makes sexualised comments towards junior employees and that previous concerns have been dismissed.
- Employer negligence: Organisations have responsibilities to prevent harassment and respond appropriately when concerns are raised. If an employer repeatedly ignores reports, fails to investigate concerns, or prevent harassment, this may create a wider risk.
- Workplace culture risks: Sometimes the issue is not one individual’s behaviour but a toxic or unsafe workplace culture or environment that enables harassment. Examples include:
- sexist jokes being normalised.
- concerns being dismissed as “banter”.
- employees fearing consequences for speaking up.
- leaders failing to challenge inappropriate behaviour.
- complaints being discouraged or hidden.
A workplace culture that allows harassment to continue can affect many employees, making it a potential public interest concern.
Legal Protections for Whistleblowers
UK whistleblowing protections are designed to ensure that workers can raise concerns without being punished for doing so. Workers who make a protected disclosure may have protection from:
- Protection from dismissal: Unfair dismissal laws protect whistleblowers from unfair dismissal. Employees who are dismissed because they made a protected disclosure may be able to bring a claim for automatically unfair dismissal. Unlike many employment claims, there is no minimum length of service required for whistleblowing dismissal claims.
- Protection from detriment: Workers are also protected from being subjected to negative treatment because they have raised a whistleblowing concern. This protection applies to a wide range of situations, such as demotion, bullying or retaliation. Workers should not be disadvantaged because they have spoken up about wrongdoing.
These legal protections are broader then just full-time staff – they apply to all workers and employees.
What Is Considered Retaliation?
Retaliation, sometimes called victimisation or detriment, can take many forms of negative treatment. Examples may include:
- dismissal or threats of dismissal.
- being denied opportunities or promotions.
- unfair disciplinary action.
- reduced hours or undesirable shifts.
- exclusion from meetings or workplace activities.
- bullying or intimidation.
- being treated differently after raising concerns.
- job loss.
Not all retaliation is obvious. Sometimes it can appear through subtle changes in behaviour or workplace treatment, such as being isolated, ignored, or removed from responsibilities without explanation.
Creating an environment where people fear retaliation can prevent concerns from being raised early, allowing harmful behaviour to continue.
Who Is Protected Under Whistleblowing Laws?
Whistleblowing protections apply to a wider group of people than many employees realise. Depending on their circumstances, protections can apply to:
- employees.
- agency workers.
- certain contractors.
- Trainees.
- Apprentices.
However, not every concern raised by a worker will automatically receive protection. The disclosure must meet the legal requirements for whistleblowing. This is why understanding the difference between a protected disclosure and another type of workplace complaint is important.
How to Report Sexual Harassment Through Whistleblowing
Internal reporting
Organisations should have whistleblowing policies explaining how concerns can be raised. A good whistleblowing policy should provide clear routes for reporting concerns and explain how individuals will be protected.
Possible routes include:
- a line manager.
- HR.
- a designated whistleblowing officer.
- a safeguarding or ethics reporting channel.
- a senior leader outside the immediate management structure.
External reporting
In some circumstances, workers may raise concerns externally with a prescribed bodies or regulator. The correct route depends on the nature of the concern. Workers should seek advice before making external disclosures, as legal protections can depend on following certain requirements.
Confidentiality considerations
Some whistleblowers may want to remain anonymous, while others may choose to identify themselves. Anonymous reporting can help people feel safer whereas named disclosures can make investigations clearer if further information is needed.
Organisations should consider how they can protect confidentiality while ensuring concerns are properly investigated.
Steps to Make a Disclosure
Before raising a whistleblowing concern, it can be helpful to:
- Gather and record relevant information and evidence
Document a clear record of dates, incidents, conversations, witnesses, timelines and any previous reports made. - Review workplace policies and follow procedures
Check company whistleblowing, dignity at work, harassment, and grievance procedures. - Seek independent advice
Organisations such as whistleblowing charities, trade unions, and employment law advisers can provide guidance.
Difference Between Grievance and Whistleblowing
One of the biggest areas of confusion is understanding the difference between a grievance and whistleblowing.
A grievance is usually about an individual’s own workplace experience – a personal complaint about treatment. It may involve concerns about treatment, decisions, relationships, or behaviour directed towards that person.
Whistleblowing is about raising broader issues affecting others or the public interest – concerns regarding wrongdoing, risks, or failures that affect others or the wider public interest.
However, the two can overlap.
For example, someone experiencing sexual harassment may raise a grievance about what happened to them. If, during that process, they identify evidence that the organisation has ignored similar complaints from multiple employees, the concern may also involve whistleblowing.
The important question is not only:
“Did this happen to me?”
but also:
“Does this reveal a wider risk or failure that could affect others?”
Employer Responsibilities
Employers have a responsibility to create workplaces where concerns can be raised safely and appropriately.
This includes:
- Duty to investigate concerns properly: Reports of sexual harassment and whistleblowing concerns should be taken seriously, handled fairly, and investigated appropriately. Poor handling of reports can increase harm, damage trust, and allow problems to continue.
- Protecting whistleblowers: Employers should take steps to prevent retaliation and ensure that anyone raising concerns is treated fairly. A workplace where people are punished for speaking up is a workplace where wrongdoing is more likely to remain hidden.
- Creating a safe reporting environment: Effective prevention requires more than having a policy on a website. Organisations need:
- clear, accessible policies.
- trauma-informed reporting routes.
- training, especially for managers.
- inclusive leadership.
- accountability mechanisms.
- cultures where speaking up is encouraged.
A psychologically safe workplace is one where employees feel able to challenge harmful behaviour before it escalates.
Risks and Challenges of Whistleblowing
Whistleblowing can be a difficult decision. Many people worry about:
- fear of retaliation.
- damaging their career.
- being labelled as difficult.
- not being believed.
- workplace relationships changing.
- experiencing stress or emotional impact.
Reporting sexual harassment can also be particularly challenging because it often involves experiences of power imbalance, fear, and uncertainty. Together, these highlight the emotional and professional impact.
This is why organisations must focus not only on responding when concerns arise, but on building cultures where speaking up is supported from the beginning.
Workers considering whistleblowing may benefit from seeking legal guidance, advice and understanding their rights before taking action.
Where to Get Help and Advice
Anyone considering whistleblowing about sexual harassment can seek support from a range of organisations, including:
- employment law advisers.
- trade unions.
- workplace representatives.
- whistleblowing support organisations.
- government guidance resources.
Useful sources of information include guidance from the UK Government on whistleblowing rights and protections, as well as organisations specialising in supporting workers who raise concerns.
Whistleblowing is an important safeguard for creating safer workplaces. When people are able to raise concerns about harassment, discrimination, and unsafe cultures without fear of retaliation, organisations are better able to identify risks, protect employees, and create environments built on dignity and respect.
Preventing sexual harassment is not only about responding when harm occurs. It is about creating cultures where everyone understands their responsibility to challenge harmful behaviour, listen to concerns, and take action.
A workplace where people can safely speak up is a workplace where everyone has a greater chance of feeling respected, valued, and protected.
