Author: Mr Adrian Ramdat (Director of Training & Consultancy)
April 2026
The way organisations receive and respond to allegations of sexual harassment is changing significantly. Recent legislative developments mean that these matters are now clearly aligned with whistleblowing protections, increasing both the legal sensitivity of disclosures and the expectations placed on those who handle them.
For staff working in speak up, HR, compliance and investigation roles, this raises an important challenge: How to properly receive and record allegations in a way that captures reliable information, supports fair decision-making, and reduces the risk of inadvertently creating further legal exposure.
Whistleblowing and Sexual Harassment
The Employment Rights Act 2025 has amended the whistleblowing framework to explicitly include sexual harassment as a category of wrongdoing capable of forming the basis of a protected disclosure.
This marks a significant shift. Concerns about sexual harassment no longer need to be framed indirectly through related categories such as breaches of legal obligation or health and safety risks. Instead, they may now fall squarely within whistleblowing protections where the statutory conditions are met.
This development provides greater clarity for workers and employers alike, and is intended to encourage earlier and more confident reporting of concerns.
Alongside this, the Act strengthens the preventative duty on employers to take “all reasonable steps” to prevent sexual harassment, and expands protections in relation to harassment by third parties.
Taken together, these changes reflect a clear regulatory direction of travel: sexual harassment is no longer viewed solely as an internal grievance issue, but as a matter of organisational accountability with wider legal implications.
Raising the Stakes for Those Handling Disclosures
While much of the focus tends to fall on prevention, the practical reality for organisations is that risk is often created at the very first point of contact.
The way a disclosure is received, explored, and recorded can have significant consequences. Where an allegation of sexual harassment is capable of amounting to a protected disclosure, poor handling at this stage may expose organisations to additional claims, including allegations of detriment linked to whistleblowing.
In practice, this means that the quality of the initial interaction is no longer simply an operational concern. It is a legal risk point in its own right.
Organisations are therefore under increasing pressure to ensure that those responsible for receiving and investigating these concerns are properly equipped to do so.
Common Challenges in Practice
Despite growing awareness of the legal framework, many organisations continue to face difficulties in practice.
Investigations can be undermined by inconsistent approaches, a lack of structure, and insufficient understanding of how sensitive disclosures should be handled. In some cases, individuals reporting sexual harassment may feel that they have not been properly heard or that their concerns have not been fully explored.
These issues not only affect the quality of the information available to decision-makers, but can also impact trust in internal reporting systems more broadly.
Given the potential for whistleblowing protections to apply, such shortcomings can carry wider legal and reputational consequences than in the past.
Why Capability Now Matters More Than Ever
The evolving legal landscape means that organisations need to think carefully about capability, not just policy.
Those responsible for receiving and investigating allegations must be able to navigate a sensitive and often complex interaction from the outset, ensuring that information is captured accurately and that the process itself does not create additional risk for either party.
This requires a level of skill, judgement and consistency that goes beyond general HR practice or procedural compliance.
A Higher-Risk Environment
The introduction of explicit whistleblowing protections for sexual harassment, alongside strengthened preventative duties on employers, represents a material shift in the regulatory environment.
For organisations, this increases the importance of getting the early stages of a disclosure right. It is no longer sufficient for processes to be well-intentioned; they must also be structured, consistent, and capable of withstanding scrutiny.
Investing in the capability of those who handle these disclosures is therefore not simply a matter of best practice. It is a practical step in managing legal risk, improving investigative outcomes, and maintaining trust in internal reporting systems.
A Practical One-Day Training Solution
To support organisations in meeting these challenges, we have developed a dedicated one-day training course for staff responsible for receiving and investigating whistleblowing disclosures relating to sexual harassment.
The programme is designed to reflect the realities of practice. It focuses on equipping delegates with the ability to handle sensitive disclosures confidently and appropriately, ensuring that early-stage interactions support both effective information gathering and fair treatment of individuals involved.
Rather than focusing solely on policy or theory, the course is built around realistic scenarios and practical application. Delegates are given the opportunity to explore how disclosures unfold in practice, how information can be affected by questioning approaches, and how organisational decisions made at an early stage can influence risk exposure later in the process.
The emphasis throughout is on improving the quality of information obtained from complainants, while reducing the risk of procedural missteps that could later be characterised as detrimental treatment.
Conclusion
Sexual harassment disclosures now sit clearly within the whistleblowing framework. This increases both the importance and complexity of how they are handled within organisations.
In this context, the ability to properly receive, explore and record allegations is critical. Done well, it improves the quality of information available to decision-makers and reduces the risk of detriment. Done poorly, it can undermine both the investigation and the organisation’s legal position.
Our one-day training course is designed to help organisations navigate this challenge with confidence, ensuring that those responsible for handling these sensitive disclosures are properly equipped for the demands of the modern workplace. Contact us now to see how we can assist your organisation at info@thesignaturebrand.co.uk
Pic courtesy of Unsplash