Author: Adrian Ramdat (Director of Training & Consultancy)
January 2026
The Employment Rights Act 2025 (ERA 2025) marks one of the biggest shifts in UK workplace law in decades. While much of the public conversation has focused on unfair dismissal, sick pay and family-friendly rights, there’s another area quietly undergoing a major upgrade: whistleblowing.
For employers, this isn’t just a legal update. It’s a culture, risk and leadership issue and how organisations respond will matter more than ever.
Whistleblowing: The Foundations Are the Same, the Expectations Are Not
The UK’s whistleblowing framework still sits within the Employment Rights Act 1996 and Public Interest Disclosure Act 1998. Workers remain protected from detriment or dismissal when they make a protected disclosure in the public interest, for example, raising concerns about criminal behaviour, legal breaches, health and safety risks or environmental harm.
ERA 2025 does not replace this framework. Instead, it sharpens the system, removes grey areas, and closes loopholes, sending a clear message: speaking up must be safe, taken seriously, and free from retaliation.
What’s Changed and Why Employers Should Pay Attention
Sexual Harassment Is Now Explicitly Protected
From 6 April 2026, sexual harassment is formally recognised as a matter that can give rise to whistleblower protection.
This is a significant shift. It means that raising concerns about sexual harassment is no longer just a grievance or equality issue, it can also be a protected disclosure under whistleblowing law.
Why This Matters
- Workers gain greater confidence to speak up.
- Retaliation risks increase if concerns are mishandled.
- Policies and training need updating to reflect this new protection.
- Managers must understand when a complaint counts as a protected disclosure.
NDAs Can No Longer Silence Whistleblowers
ERA 2025 also strengthens limits on non-disclosure agreements. Clauses that attempt to prevent workers from reporting discrimination, harassment, or other protected matters are unenforceable.
Key points for employers
- Workers can speak up even if they have signed confidentiality agreements.
- NDAs and settlement agreements must be carefully reviewed.
- Policies should explicitly confirm employees’ whistleblowing rights.
- Misuse of NDAs can create serious legal and reputational risk.
More Time, More Scrutiny, Higher Expectations
Employment tribunal time limits are expected to extend from three months to six months from late 2026. That gives individuals more time to reflect, seek advice, and bring claims, including whistleblowing claims.
At the same time, the government has committed to reviewing whistleblowing protections by 2027, with proposals already debated around mandatory investigations.
Implications for employers
- Employers will be judged on both policies and action.
- Staff expect timely, fair responses to concerns.
- Poor handling can escalate reputational and legal risk.
- Organisations must be proactive rather than reactive.
The Real Risk Isn’t the Law, It’s Poor Practice
Most whistleblowing failures don’t happen because employers break the law intentionally. They happen because of common pitfalls such as:
- Managers don’t recognise a protected disclosure.
- Concerns are minimised or mishandled.
- Confidentiality is misunderstood or misapplied.
- Retaliation happens quietly, then escalates into detriment.
ERA 2025 raises the stakes. Organisations relying on outdated policies or untrained managers are exposed.
What Smart Employers Are Doing Now
Forward-thinking organisations are already:
- Updating whistleblowing policies to reflect sexual harassment and NDA limitations.
- Training managers to recognise and respond to protected disclosures.
- Reviewing investigation processes for speed, fairness, and consistency.
- Communicating clearly with staff about how, and why, to speak up.
This isn’t just about compliance. It’s about trust, reputation, and leadership.
Take Action: Train Your Team
Here at The Signature brand Training & Consultancy, we deliver accredited whistleblowing training aligned to the Employment Rights Act 2025, giving managers and staff the confidence to handle disclosures correctly, fairly, and lawfully.
We also run bite-size CPD sessions via Microsoft Teams, practical, engaging updates that keep teams informed without disrupting the working day.
If you want your organisation to be confident, compliant, and prepared for the new whistleblowing landscape, we’d be delighted to assist.
Call us on 0203 883 5843 or email us at info@thesignaturebrand.co.uk
Photo by Roger Bradshaw on Unsplash