February Newsletter

Dear ,

In this month’s edition:

• Protect’s 2025 Impact Report
• Anti-SLAPPS
• Changes to the employment rights bill: Disclosures relating to sexual harassment

After the release of the Epstein papers and the high-profile arrests last week of a former prince and Lord Mandelson, few can doubt that we need stronger mechanisms to hold the powerful to account. The Public Office (Accountability) Bill proposes to amend the law on misconduct in public office, but this important legislation is currently on hold while debates continue about who should be subject to the duty of candour. It should not take police intervention to stop misconduct - the public rightly expects high standards in public life, and internal mechanisms, including effective whistleblowing systems, should identify harms and risks before scandals emerge.

With the release of our 2025 Impact Report, we’re reflecting with pride on a year of real achievement. This report encapsulates the hard work and achievements of Protect. We operate across three key areas: supporting employers, conducting research and advocacy, and our award winning legal team providing free, expert whistleblowing advice day-in day-out.

Key highlights from 2025 include:

• An 8% increase in new cases to our Advice Line advising 3,589 individuals.
• 1.5 million people have been reached with our work supporting employers.
• Over 240 cross-party MPs backed our draft amendment to the Employment Rights Bill - showing the depth of support across Parliament for whistleblowing reform.

While some employers are improving their response to concerns, serious problems remain. Of the whistleblowers calling Protect for Advice:

• 38% said their concerns were ignored.
• 71% reported victimisation, dismissal, suspension or forced resignation.

With a major milestone on the horizon for workplace rights, sexual harassment will explicitly become a protected whistleblowing disclosure from April 2026 under the Employment Rights Act 2025. This change means that employees who speak up about sexual harassment - whether it has occurred, is occurring or is likely to occur - will be protected from detrimental treatment and unfair dismissal as whistleblowers, where there is a public interest element in their complaint. Employers should review and update their whistleblowing and harassment policies now to reflect this reform and ensure clear reporting routes for staff. 

As trusted experts, we collaborate with like-minded organisations to strengthen their campaigns and amplify their impact. Recently, in partnership with UK Anti- SLAPP Coalition we signed a new open letter highlighting the dangers of SLAPPs - abusive lawsuits that silence those speaking up and prevent harm from being addressed. Together, we’re pushing for stronger protections so people can raise concerns safely and hold wrongdoers accountable.

Elizabeth Gardiner & Sybille Raphael
Protect Joint-Chief Executives

In 2025, Protect made a powerful difference for whistleblowers and workplaces across the UK. As the only specialist whistleblowing legal advice service in the country, Protect supported thousands of people navigating complex and often risky speak-up situations, with demand for our free, confidential Advice Line growing yet again.

Our legal interventions helped defend and clarify key whistleblower protections in the courts, while advocacy work ensured whistleblowing remained central to national anti-corruption efforts.

We also strengthened whistleblowing systems in hundreds of organisations through training, benchmarking and consultancy, and extended our reach through sector events, guidance and collaborations. Behind the scenes, our work continues to shape public policy, promote cultural change and ensure those who raise concerns are heard and protected

Anti-SLAPP open letter

The recent campaign by the UK Anti-SLAPP Coalition highlights a growing concern over the use of SLAPPs (Strategic Lawsuits Against Public Participation) to silence public interest speech, including journalism, activism and whistleblowing.

In January 2026, over 120 editors, lawyers, academics and civil society representatives co-signed an open letter urging the UK Government to prioritise anti-SLAPP legislation in the next King’s Speech to protect people from abusive legal threats that undermine free expression and democratic scrutiny. SLAPPs are often used by powerful interests to intimidate and financially exhaust those speaking out on matters of public concern, and campaigners argue the current law is too limited in scope. As a longstanding member of the UK Anti-SLAPP Coalition, Protect has contributed to this effort by advocating for stronger protections for whistleblowers and others who speak up in the public interest, drawing on our expertise in legal reform and policy to ensure systemic safeguards against such abusive litigation.

Employment Rights Act 2025: Changes coming into place

A significant development in workplace rights is approaching, with sexual harassment set to become an explicitly protected whistleblowing disclosure from April 2026 under the Employment Rights Act 2025. This will give legal protection to workers who raise concerns about sexual harassment - whether past, ongoing or anticipated - where there is a clear public interest element, safeguarding them from detriment or unfair dismissal.

Organisations should begin preparing now by ensuring their policies and reporting procedures reflect the new protections and provide safe, accessible routes for raising concerns. Protect works with employers to review frameworks, deliver training and strengthen internal reporting systems so concerns can be addressed confidently and at an early stage. We have recently updated our template whistleblowing policy in line with the upcoming changes. If you're already a member login to your toolkit to find our updated policy - if not, take a look at what our membership offers you.

Challenges for in-house lawyers

In a recent Legal Futures article, Protect’s Joint CEO, Sybille Raphael explores the significant challenges faced by in-house lawyers who seek to report wrongdoing within their organisations. The article highlights how professional duties of confidentiality, regulatory uncertainty and fear of career repercussions can create serious barriers to speaking up, even where misconduct raises clear public interest concerns. Sybille calls on the Solicitors Regulation Authority to provide clearer guidance and take a more proactive approach to whistleblowing, ensuring that in-house lawyers are properly supported and protected when raising concerns. She argues that strengthening regulatory expectations is essential to enabling legal professionals to act in the public interest and helping organisations address risks before they escalate into major scandals.

Events - completed and coming up!

Bates Wells' Employment Conference, Tues 24th Feb

Our Joint CEO, Sybille Raphael, spoke on at the Bates Wells Employment Conference, alongside, Protect’s chair of trustees, Lucy McLynn, Barrister, Emma Darlow Stearn and Zelda Perkins, Founder of Can't Buy My Silence. Together, the panel discussed the use and misuse of non-disclosure agreements and what difference the upcoming legal changes will make.

Members' Forum - Weds 4th March, 9:30am

Held throughout the year under the Chatham House Rule, our cross-sector Members’ Forums provide a trusted space for members to discuss shared challenges, exchange practical approaches, and learn from both one another and Protect’s expertise. These sessions offer valuable opportunities to connect with peers, ask questions, and stay informed through insights and legal updates from Protect, supporting continuous improvement in whistleblowing practice across organisations. Get in touch with us to join: info@protect-advice.org.uk.

Sexual harassment and the Employment Rights Act (webinar)

Protect’s other Joint CEO, Elizabeth Gardiner, will be joining Personnel Today’s webinar coming up on the 17^th March. The webinar will explore the strengthened duties on employers under the Employment Rights Act, including the shift from taking “reasonable steps” to “all reasonable steps” to prevent sexual harassment. The event will look at what tribunals and regulators now expect in practice, when sexual harassment can amount to a protected whistleblowing disclosure, why bystander intervention matters as a preventative step, and how employer liability for third-party harassment can arise from the very first incident. Sign up here.

Investigator's Drop In, Weds 22nd April, 9:30 - 10:30am

Our bi-annual Investigators’ Drop-In Sessions offer a dedicated space to discuss challenges, share best practice and practical approaches, and learn from Protect’s expertise. Held under Chatham House Rule, these sessions encourage candid discussion, peer-to-peer learning, helping investigators stay up to date with legal developments and emerging trends. We usually invite an expert guest speaker, often from a specialist investigation law firm. These informal yet focused gatherings are an excellent opportunity to ask questions, gain insights, and strengthen skills across organisations. To join a session, contact us at: info@protect-advice.org.uk.

Upcoming training dates

We’ve got three fantastic training sessions coming up designed to help you build stronger, safer speak up cultures and handle whistleblowing effectively:

• Whistleblowing Essentials: Understanding Best Practice for Organisations – Thu 5 Mar 2026, 10:00 – 12:00 GMT (online)
• Financial Services Whistleblowers’ Champion Masterclass – Thu 19 Mar 2026, 09:30 – 12:00 GMT (online)
• Investigating a Whistleblowing Concern – Thu 30 Apr 2026, 10:00 – 12:00 BST (online)

Whether you’re involved in HR, compliance, legal, internal audit or governance, these sessions will give you practical insights and tools to support whistleblowers and strengthen your organisation’s approach to speaking up.

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