Along with a wealth of other changes under the Employment Rights Bill, a significant change has taken place to whistleblowing protection.

From 6^th April, disclosures about sexual harassment are now explicitly classed as protected whistleblowing disclosures.

How does this affect businesses?

Previously sexual harassment complaints needed to be dealt with and managed fairly. As you will be aware there have been various changes to sexual harassment legislation, with more to follow, requiring employers to take “all reasonable steps” to prevent sexual harassment.

However, the new change in legislation mans that employees who reports that sexual harassment is occurring, or is likely to occur, may be protected under whistleblowing law, not just grievance and harassment policies.

What steps can you take to mitigate the risk?

Whistleblowing carries greater risk that standard grievances, and also provides protection in cases of short service dismissals (which would not have previously applied).

Compensation is uncapped in whistleblowing dismissal cases, and there is a greater protection against detriment and dismissal.

You should

• ensure that your policies recognise that whistleblowing references sexual harassment where applicable
• ensure managers are aware of, and trained in, managing reports of sexual harassment
• carry out risk assessments to identify, and mitigate, risk
• ensure that you do not treat sexual harassment purely as a grievance issue

If you need any support communicating, or understanding this change, please contact us on team@hrpirme.co.uk

We also have a Sexual Harassment pack, which covers risk assessments, updates to legislation and communications. If you would like to receive a copy, please let us know.