Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps he is taking to improve whistleblowing protections for NHS staff who (a) experience and (b) witness sexual misconduct by colleagues.

The Employment Rights Act 1996 aims to protect all workers, including National Health Service staff, against unfair dismissal and detriment on the basis that they have made a ‘protected disclosure’. Where detriment occurs, workers can seek remedy through an employment tribunal. In relation to sexual misconduct, the Employment Rights Act 2025 amends the Employment Rights Act 1996 to make clear that workers who ‘blow the whistle’ on sexual harassment can benefit from whistleblowing protections against detriment and unfair dismissal. This will provide welcome clarity for workers and employers. It may also encourage more workers to speak up about sexual harassment in the public interest by using whistleblowing routes. The measure will commence on 6 April 2026.

In addition to legal protections, there is a range of support in place for NHS workers who wish to report concerns. This includes a network of over 1,300 local Freedom to Speak Up Guardians, who provide an alternative route to support workers to speak up about something in their organisation, a National Freedom to Speak Up policy, providing minimum standards for local NHS speaking up policies, and support from independent organisations such as Speak Up Direct, which provides NHS and social care workers with impartial advice and support.