The Bellevue Brief Podcasts – Season 2 (ERA 2025) Episode 5 : Sexual Harassment

In this episode of The Bellevue Brief, associate Anjali Malik and Bellevue Law’s founder Florence Brocklesby explore one of the most significant areas of reform under the Employment Rights Act 2025: the law on sexual harassment. With several provisions coming into force over the next 18 months, employers and HR leaders need to prepare for substantial shifts in risk, responsibility, and compliance.

This blog summarises the four major changes discussed in our conversation and outlines practical steps organisations should be taking now.

**1. Sexual Harassment Disclosures Classified as Whistleblowing

(From 6 April 2026)**

One of the earliest reforms to take effect will be the reclassification of reporting of sexual harassment concerns as protected whistleblowing disclosures.

What this means

• Workers who raise concerns about sexual harassment will explicitly be treated as whistleblowers.
• They will benefit from protection from detriment or dismissal arising from their disclosure.
• In our view, such workers already have protection as whistleblowers in most cases, so from a technical perspective this is not a major change.
• In practice, however, publicity around the changes may lead to an increase in claimants who have raised concerns about sexual harassment expressly articulating whistleblowing claims.
• Claimants in whistleblowing claims are entitled to seek interim relief, such as reinstatement or financial support while awaiting a tribunal hearing, so we may also see an increase in applications of this nature; this could have real practical impact, given the significant tribunal backlog.

What employers should do

• Review and update whistleblowing policies to expressly include sexual harassment.
• Ensure HR teams and managers understand that retaliation is prohibited.
• Strengthen internal reporting routes and record‑keeping practices.

**2. A New Duty to Take All Reasonable Steps to Prevent Sexual Harassment 

(Expected October 2026)**

The Worker Protection Act 2023 (WPA) introduced a duty to take reasonable steps to prevent sexual harassment. The Employment Rights Act 2025 now increases this to all reasonable steps , a considerably more onerous standard.

Implications

• Employers must demonstrate that every reasonable preventive measure has been implemented.
• Failure to comply may result in a compensation uplift of up to 25% in relevant tribunal claims.
• Formal guidance on what is required to comply with the duty is not expected until 2027 – after the new duty takes effect.

Recommended actions

• Carry out granular, organisation‑specific risk assessments addressing sexual harassment risk.
• Document and implement mitigation measures.
• Ensure training is up to date and meaningful – not a box-ticking exercise.
• Conduct robust investigations when allegations are made and implement lessons learned.

A 2025 Worknest survey suggested that over 40% of employers had not yet conducted a sexual harassment risk assessment following the introduction of the WPA. Many organisations will need to take urgent action to ensure compliance by late 2026.

**3. New Employer Liability for Third‑Party Harassment

(Expected October 2026)**

The Act also introduces liability for sexual harassment and harassment related to any protected characteristic, committed by third parties, which may include:

• Clients
• Customers
• Patients
• Students
• Members of the public

Why this matters

Employers will be expressly obliged to take all reasonable steps to prevent harassment by individuals they do not employ and cannot directly control. This may prove particularly challenging in sectors such as:

• Hospitality
• Retail
• Healthcare

How employers can prepare

• Incorporate third‑party risk into sexual harassment (and wider harassment) risk assessments.
• Communicate expected standards of behaviour to clients and service users.
• Update terms of business or display on‑site notices where appropriate.
• Equip staff and managers with training on recognising and responding to third‑party harassment.

**4. Effective Ban on Non-Disclosure Agreements (NDAs) in Harassment & Discrimination Cases

(Implementation date TBC)**

Perhaps the most transformative reform is the effective ban on confidentiality clauses (NDAs and non‑disparagement provisions) in settlement agreements relating to allegations of:

• Sexual harassment
• Harassment
• Discrimination

What this means in practice

• Clauses preventing workers from disclosing the circumstances of alleged harassment or the employer’s response will be void.
• Employers will no longer be able to use confidentiality as a tool in resolving these disputes.
• Settlement strategies will need to adapt significantly.

Some employment lawyers have raised concerns that the absence of NDAs may make settlement more difficult, prolonging disputes and increasing stress and legal cost for claimants. Others expect settlements will still happen, with employers remaining incentivised to avoid public litigation, and hope that the reforms will force organisations to address problematic behaviour rather than sweeping it under the carpet.

Although the Act allows for some yet‑to‑be-defined “accepted exceptions” in which confidentiality will be permitted, details have not been published, and consultation is ongoing.

Key steps for employers

• Prepare for settlement agreements without confidentiality clauses.
• Review and update template contracts and policies.
• Strengthen investigation processes, knowing that the allegations and your approach to addressing them may both become public.

Employers should be reviewing policies, training, risk assessments and investigation frameworks now to ensure they are ahead of the curve as these reforms come into force.