Reporting sexual harassment now amounts to whistleblowing

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From 6th April 2026 – Section 23 of the Employment Rights Act 2025 (ERA 2025) amends the definition of qualifying disclosure in section 43B of the ERA 1996 to include a disclosure that the worker reasonably believes tends to show that sexual harassment “has occurred, is occurring or is likely to occur”. Sexual harassment is defined by reference to section 26(2) of the Equality Act 2010

It is arguable that harassment was already covered within the meaning of a “[failure] to comply with any legal obligation”, or in some cases as a danger to health and safety or a criminal offence, but this puts the matter beyond doubt. The amendment only applies to sexual harassment, and so disclosures relating to other forms of harassment must still fall within one of the other categories of disclosure in order to be covered..)

It is still necessary to demonstrate that the worker reasonably believes that the disclosure is made in the public interest to amount to whistleblowing.

What is whistleblowing?

Whistleblowing occurs where an individual raises concerns about wrongdoing in the workplace in the public interest.  A “protected disclosure” as the legislation names it, typically relates to issues such as criminal offences, breaches of legal obligations, health and safety risks, environmental damage, or attempts to conceal wrongdoing. The key feature is that the disclosure must be made with a reasonable belief that it is in the public interest, rather than purely a personal grievance.  Now disclosures of a sexual harassment nature have been added.

Individuals who make a protected disclosure are afforded protection as long as they are amongst the group of those entitled to protection, including employees, workers, and some contractors. They must not suffer dismissal, victimisation, or any form of detriment because they have spoken up. In cases where whistleblowers are dismissed, they may bring claims for automatic unfair dismissal, and compensation in whistleblowing cases is not subject to the usual statutory cap. These protections are designed to encourage individuals to raise concerns safely and to ensure organisations remain accountable.

The importance of understanding whistleblowing rights, protections and obligations continues to grow for both employees and employers.

 

What this means for employees

If you are considering raising a concern at work, it is important to understand your rights. You may be protected if your disclosure satisfies the legal definition of whistleblowing

Employees often worry about:

  • Whether their disclosure is legally protected
  • How to raise concerns safely and appropriately
  • The risk of victimisation or dismissal

Getting early legal advice can help you make informed decisions, ensure that your concerns are raised in the correct way, and protect your position if issues arise.

 

What this means for employers

For employers, the risks of getting whistleblowing wrong can be significant—both financially and reputationally. Employment tribunal claims for whistleblowing detriment or dismissal are uncapped and can result in substantial awards.

Key steps employers should be taking include:

  • Reviewing and updating whistleblowing policies
  • Training managers on how to handle disclosures
  • Ensuring clear, confidential reporting channels
  • Conducting thorough and impartial investigations
  • Taking steps to prevent retaliation against whistleblowers

 

How our Employment Law Team can help

Our experienced employment law team advises both employees and employers on all aspects of whistleblowing, including:

For employees:

  • Assessing whether your disclosure is protected
  • Supporting you through internal processes and investigations
  • Bringing claims for whistleblowing detriment or unfair dismissal

For employers:

  • Drafting and reviewing whistleblowing policies and procedures
  • Advising on handling disclosures and conducting investigations
  • Defending tribunal claims and managing reputational risk

Get in touch

Whistleblowing issues can be complex and sensitive. Whether you are raising a concern or responding to one, early legal advice is key.

If you would like to discuss how these developments affect you or your organisation, our employment law team is here to help

What is a trust and do I need one?

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A trust is a way of managing your money, investments, land or property. It is a legal arrangement where someone (the Settlor) puts assets into a trust and appoints people called trustees to manage them for the benefit of others (beneficiaries). Once assets are placed into a trust, the trustees control them and must manage them according to the rules set out in the trust deed or, in some cases, a Will.

Some of the most common trusts include:

  • Bare Trust: Assets will belong outright to the beneficiary, but trustees manage them until the beneficiary reaches 18 years of age.
  • Discretionary Trust: A class of beneficiaries are included. Trustees have discretion over who benefits and when, but would be guided by the Settlor’s wishes.
  • Life Interest Trust: Someone benefits during their lifetime and others benefit later. Usually, the former will receive the income and upon their death the capital will go to ultimate beneficiaries.
  • A Disabled Person’s Trust: certain criteria need to be met for this type of trust.

Do I need a trust?

Trusts are often used for one or more of the following reasons:

  • Protecting assets for children or grandchildren, vulnerable or disabled beneficiaries or beneficiaries who may not be financially responsible.
  • Controlling when and how your assets are inherited. It can delay when beneficiaries receive assets, allows trustees to release funds gradually or you can set conditions around how funds are used.
  • Estate and tax planning. Some trusts can be used as part of Inheritance Tax planning, helping to reduce the value of your estate over time or manage how tax is paid. However, trusts have their own tax rules, which can be complex, so specialist advice is essential.
  • Providing for family members while protecting capital. Trusts are often used in Wills to provide income or a home for a surviving spouse or partner which preserves the capital for children. This is common in blended families to preserve the capital for children from previous relationships.

Trusts can be extremely effective but need to be set up carefully to ensure they achieve the intended outcome. Poorly drafted trusts can cause confusion, delay and unexpected tax consequences.

If you are considering setting up a trust or would like to review your existing arrangements, professional advice can help ensure your estate planning works exactly as you intend.

Book your appointment today by contacting one of our offices:

  • Saffron Walden: 01799 523 441
  • Haverhill: 01440 702 485
  • Sawston: 01223 832 939

You can also visit our website and get in touch via our Enquiries Form

 

Understanding Legal Proprietorship vs Beneficial Interest: What Every Property Owner Should Know

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When it comes to property ownership, many people assume that the person named on the title deeds is the sole “owner” in every sense. In reality, two key concepts—legal proprietorship and beneficial interest— often operate side by side, and understanding the distinction between them is essential for anyone dealing with property, whether personally or professionally.

What is Legal Proprietorship?

Legal proprietorship refers to the formal, registered ownership of a property. The legal proprietor is the individual (or individuals) whose name appears on the title register at the Land Registry. This person has the authority to:

  • Sell or transfer the property
  • Mortgage or remortgage it
  • Enter into legal agreements relating to the property

In simple terms, the legal proprietor is the person recognised by law as having control over the property.

However, this control does not always mean they are the only person entitled to benefit from it.

What is Beneficial Interest?

Beneficial interest refers to the right to enjoy the benefits of a property, even if your name is not on the legal title. This can include:

  • Receiving a share of rental income
  • Benefiting from an increase in property value
  • Having a financial stake in the proceeds if the property is sold

A person with beneficial interest may not appear in official ownership records but still has a legitimate claim to the property’s value.

How Do These Differ in Practice?

The distinction becomes particularly important in situations such as:

  • Joint Ownership
  • Trust Arrangements
  • Relationship Breakdowns
  • Estate Planning

Why This Matters

Failing to properly define and document beneficial interests can lead to:

  • Costly legal disputes
  • Delays in property transactions
  • Unintended financial consequences
  • Complications in probate or divorce proceedings

Clarity at the outset helps prevent misunderstandings later.

How We Help

Navigating the relationship between legal proprietorship and beneficial interest requires careful consideration and expert guidance. Our services are designed to:

  • Clearly establish ownership structures
  • Draft and formalise trust arrangements
  • Protect your financial interests
  • Provide clarity and peace of mind for all parties involved

Whether you are purchasing property, restructuring ownership, or resolving a dispute, ensuring that both legal and beneficial interests are properly aligned is crucial.

Final Thoughts

Property ownership is not always as straightforward as it seems. Understanding the difference between legal proprietorship and beneficial interest allows you to make informed decisions, protect your assets, and avoid future complications.

If you are unsure about your current position or planning a new arrangement, seeking professional advice early can make all the difference.

Restrictive Covenants Explained: A Simple Guide

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Restrictive covenants can affect how you use and enjoy your property. Some are minor, such as rules about keeping caravans on the land, while others can be much more limiting.

If a restrictive covenant has been breached, this can cause problems during conveyancing. Most buyers, and their mortgage lenders, will want proof that any breach has been dealt with before completion.

There are a couple of common ways this is usually handled:

  • Indemnity insurance – This provides financial protection if someone with the benefit of the covenant later takes action.
  • Rectification – Removing or correcting what caused the breach.
  • Retrospective Consent – This can, in some circumstances, be obtained from the party with the benefit of the covenant but usually at the cost of a premium.

All of these options have their limits. Indemnity insurance only pays compensation and does not prevent enforcement. Fixing the breach does not guarantee protection against claims for historic breaches. There is also no guarantee that obtaining retrospective consent for historic breaches is obtainable as the party with the benefit of the covenant may be uncontactable or the premiums may simply be too excessive for the standard seller. While retrospective consent is a prudent “belt-and-braces” approach, it can remove more accessible options such as indemnities, which often depend on not approaching the party benefiting from the covenant.

The law provides another option. Under Section 84(1) of the Law of Property Act 1925, the Upper Tribunal (Land Chamber) has the power to remove or change restrictive covenants in certain circumstances.

An application can be made on one or more the following grounds:

  • Obsolete – The restriction is no longer relevant because of changes to the property, the surrounding area, or other important factors.
  • Unreasonable restriction – The covenant stops reasonable use of the land and provides little or no real benefit to those who can enforce it, or it goes against the public interest. In these cases, compensation would usually be enough to cover any loss.
  • Agreement – The people who benefit from the covenant have agreed that it should be removed or changed.
  • No real harm – Removing or changing the covenant would not cause any meaningful harm to those who benefit from it.

If a restrictive covenant is affecting your property, we would be happy to discuss your options. Please contact our offices if you would like advice on removing or changing a restrictive covenant.

Saffron Walden office: 01799 523441

Haverhill office: 01440 702485

Sawston office: 01223 832939

Email: [email protected]

Why Make a Lasting Power of Attorney?

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A Lasting Power of Attorney (LPA) is a significant legal document, equally as important as making a Will. Unlike a Will, an LPA is used during your lifetime. It enables you to appoint trusted individuals (your Attorneys) to manage your affairs should you become mentally or physically incapable of doing so yourself.

It is a common misconception that family members can automatically access a person’s bank accounts or manage their affairs if they lose capacity. This is not the case. If there is not an LPA in place, your family would need to apply to the Court of Protection for a Deputyship Order to gain authority to deal with your finances. The process for a Deputyship Order is often lengthy, costly, and may place additional stress on loved ones at an already difficult time.

Furthermore, the individual who applies to the Court of Protection may not be the person you would have chosen to take control of your financial or personal matters. Putting an LPA in place allows you to decide in advance who you trust to act on your behalf.

There are two types of LPA: Property & Financial Affairs and Health & Welfare.

If you would like to explore which options best suit your circumstances, please contact us on:

01799 523441 – Saffron Walden office
01440 702485 – Haverhill office
01223 832939 – Sawston office

Or send an email to [email protected]

Repairing Clauses in Commercial Leases: The Hidden Cost That Can Catch Tenants Out

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When businesses take on new premises, most of the focus naturally falls on the headline terms — the rent, the location, and the length of the lease. Whilst these are very important considerations, the repairing clause contained within a lease can have financial implications which go well beyond the annual rent payable.

For that reason, it is important that you seek legal advice as early as possible so that you can fully understand your repairing obligations and put in hand arrangements which will strike a fairer balance between Landlord and Tenant ensuring that the Tenant is only responsible for maintenance and repair which arises during the lease term and avoids the need to contribute towards improvements or remedying pre-existing defects.

What Is a Repairing Clause (and Why Should You Care)?

A repairing clause sets out who is responsible for maintaining the property during the lease term. In many commercial leases, that responsibility sits with the tenant.

At first glance, this might seem straightforward. Keeping the premises tidy and fixing the odd issue is to be expected. However, the wording used in commercial leases can go much further than simple day-to-day upkeep.

In some cases, tenants are required not only to maintain the property, but to put it into good repair — even if parts of it were already worn or damaged when they moved in.

“Full Repairing” Leases – More Than Just Maintenance

Many commercial leases are granted on a “full repairing” basis. This can place a wide obligation on the tenant to keep the property in good condition throughout the term.

This obligation might mean fixing issues that were there before the lease began. For example, if the roof, windows, or internal fixtures were already showing signs of age, a broadly worded repairing clause could mean the tenant becomes responsible for putting them right.

This is why it’s so important to fully understand the extent of the commitment before signing and to discuss the mechanisms that can be put in place to help manage the repairing liability.

Why the Starting Condition Matters

One of the most sensible steps a tenant can take is to consider the condition of the property at the start of the lease.

If a tenant agrees to keep the premises in good repair without any limits, they may be expected to hand it back in better condition than when they took it on. In older buildings especially, this can lead to unexpected costs over time.

Making sure the lease fairly reflects the state of the property at the outset can help avoid disputes later on.

The End of the Lease – Dilapidations

Repairing obligations don’t just matter during the lease — they often come into sharp focus when the term comes to an end.

Landlords will usually inspect the property and may produce a schedule of dilapidations, setting out any repairs they believe the tenant should have carried out. If the property hasn’t been maintained in line with the lease, the tenant may be asked to complete works or make a financial payment instead.

These claims can come as an unwelcome surprise if the obligations weren’t fully understood at the start.

How can we help you?

At Adams Harrison, we have experience in dealing with commercial leases. We are well placed to advise you on the implications of a repairing clause and the steps that you can take to minimise your liability. If you are in the process of negotiating a commercial lease or have concerns about the repairing obligations, contact our commercial property team to discuss your situation.

The Renters Rights Act

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Explained – Information Sheet

From 1 May 2026, important transitional rules come into effect for landlords in England as part of the Renters’ Rights Act. If you have an existing assured shorthold tenancy (AST) that is wholly or partly in writing and was signed before 1 May 2026, you must provide your tenants with the government‑produced Information Sheet no later than 31 May 2026.

This Information Sheet explains how each tenancy will be affected as the Act ushers in wide-ranging reforms to the rental sector.

Which Tenancies Are Affected?

✔️ Existing ASTs signed by all parties before 1 May 2026

❌ New tenancies starting on or after 1 May 2026 — these will automatically fall under the new assured periodic tenancy (APT) regime instead

New APTs will also need to include mandatory terms known as the Written Statement of Terms.

Penalties for Non-Compliance

Failing to give tenants the required Information Sheet can result in a civil penalty of up to £7,000.

Where to Access the Information Sheet

The official Information Sheet is available to download from the government website

( Gov.uk Renters Rights Act Information Sheet 2026 ) , and guidance confirms that landlords do not need to wait until 1 May to serve it. Acting early can help ensure a smooth transition before the new rules take effect.

Free Resource – As a landlord, to help you prepare for these changes our Property Litigation Team have produced a checklist. Consider this checklist to help ensure that your existing tenancies transition under the new rules and for you to be prepared when entering into new tenancies under the new Act. Click on the link below to download a pdf copy of the checklist.

Renters Rights Act – Compliance checklist for Landlords

You can find out more about our services to Landlords and Tenants, and download our leaflet, here Residential Landlord and Tenant Disputes Legal Services | Adams Harrison

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

 

The Renters Rights Act

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Explained – Assured Periodic Tenancy (APT)

We are fast approaching the 1st May 2026 being the date that many of the new tenancy reforms in the Renters Rights Act come into force.  Yet there remains confusion about the transition of existing Assured Shorthold Tenancies and what will happen to these after the 1st May.  This blog briefly explains the new default tenancy known as Assured Periodic Tenancy or APT that will come into force.

All existing Assured Shorthold Tenancies as of the 1st May will automatically convert into APTs and continue as the same tenancy.  There is no need to enter into new agreements or vary the terms of existing agreements.  If you already have a written agreement, then all you need to do is issue the government information sheet to your tenant by the 31st May (this will be published next month so watch this space).  Failure to do this could result in a civil penalty of up to £7,000.  Any clause in your current tenancy regarding set end dates will be overwritten by the Renters Rights Act and tenancies will continue on a rolling basis meaning no end term and allowing tenants to give two months’ notice.

All new tenancies entered into from 1st May will now be APTs.  Due to the number of changes and civil penalties introduced by the Renters Rights Act it is important that Landlords do not use old agreements or DIY agreements for new tenancies.  For example, if you enter into a new tenancy after the 1st May and the agreement purports to let for a fixed term a landlord faces a civil penalty of up to £7,000 for a first offence.  Repeated or serious breaches can lead to penalties up to £40,000 or a criminal prosecution.

Free Resource – As a landlord, to help you prepare for these changes our Property Litigation Team have produced a checklist.  Consider this checklist to help ensure that your existing tenancies transition under the new rules and for you to be prepared when entering into new tenancies under the new Act. Click on the link below to download a pdf copy of the checklist.

Renters Rights Act – Compliance checklist for Landlords

You can find out more about our services to Landlords and Tenants, and download our leaflet, here Residential Landlord and Tenant Disputes Legal Services | Adams Harrison

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

EMPLOYMENT LAW CHANGES

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DAY ONE RIGHTS FOR:

  • PARENTAL LEAVE
  • PATERNITY LEAVE

FROM APRIL 2026

Section 15 of the new Employment Rights Act 2025 removes the one-year qualifying period for unpaid parental leave, extending it to all employees as a day-one right. Section 16 similarly eliminates the 26-week qualifying period for paternity leave. However, the statutory paternity pay requirements remain unchanged with their existing conditions including a 26-week qualifying period of employment.

The government estimates the changes will enable an additional 32,000 fathers to access paternity leave, while approximately 1.5 million working parents will gain access to parental leave arrangements, providing greater flexibility for childcare responsibilities.

The Employment Rights Act 2025 is on its way!

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We have previously been reporting on the Employment Rights Bill.

Well, it received Royal Assent on 18th December 2025.  There is a roadmap for when each of the changes will come into effect.  The Government has promised to give employers, employees and workers time to prepare for the various changes.

Some changes will take effect two months after Royal Assent.  Other, more significant employment law changes will come into force from April 2026, to include:-

Paternity Leave – there will no longer be the requirement for a qualifying period of employment before becoming eligible to paternity leave.

Statutory Sick Pay – removal of the waiting period and lower earnings limit.

Sexual Harassment protected disclosures – reporting sexual harassment to have the protection of “whistleblowing”.

Fair Work Agency – agency due to be established from April 2026 to take legal action on behalf of workers/employees against organisations with enforcement powers.

It has been announced that the significant change to a six month unfair dismissal qualifying period (from the current position of requiring two years employment ) will take effect on 1st January 2027.

For advice and representation on all your employment law needs please contact us.