Employment Rights Act 2025, section 23 — Protected disclosures relating to sexual harassment

In brief

Amends the whistleblowing framework in ERA 1996 Part IVA to make explicit that disclosures about sexual harassment qualify as protected disclosures. Removes the previous uncertainty that turned on whether sexual-harassment behaviour fell within the legal-obligation, criminal-offence, or health-and-safety limbs of s.43B.

Key provisions

• s.23 (inserting into ERA 1996 s.43B) — Sexual harassment as a qualifying disclosure type: Inserts a new disclosure type into ERA 1996 s.43B such that information tending to show that sexual harassment is occurring, has occurred, or is likely to occur is a qualifying disclosure for PIDA purposes.

When relevant

Cases involving disclosure of sexual-harassment conduct in employment; intersects with WPA-2023-S40A preventative duty and EA2010 s.40.