Whistleblowing plays an important role in helping organisations identify and address wrongdoing. The law protects workers who raise qualifying concerns in the public interest from dismissal or other detrimental treatment. This guide explains what whistleblowing is, who is protected, how disclosures should be made, and the rights and responsibilities of both employees and employers.

What Is Whistleblowing?

Whistleblowing occurs when a worker reports information which they reasonably believe shows wrongdoing in the public interest. The legal protections are contained in the Employment Rights Act 1996, as amended by the Public Interest Disclosure Act 1998.

A protected disclosure may relate to:

● Criminal offences

● Breaches of legal obligations

● Miscarriages of justice

● Health and safety risks

● Environmental damage

● Sexual harassment (for qualifying disclosures made from 6 April 2026)

● The deliberate concealment of any of the above

Not every workplace complaint amounts to whistleblowing. The disclosure must contain information that the worker reasonably believes shows one of these types of wrongdoing and that making the disclosure is in the public interest.

For employees

You do not have to prove that wrongdoing has occurred. It is enough that you genuinely and reasonably believed the information you disclosed tended to show wrongdoing.

For employers

Not every grievance raised by an employee will amount to whistleblowing. However, employers should avoid dismissing concerns too quickly, as an ordinary workplace complaint can sometimes amount to a protected disclosure depending on its content.

Who Is Protected?

Whistleblowing protection extends beyond employees.

Those who may be protected include:

● Employees

● Workers

● Agency workers

● Some freelance workers

● Seconded workers

● Certain NHS job applicants

Unlike ordinary unfair dismissal claims, there is no minimum qualifying period of service. Protection begins from the first day of work if the legal requirements are satisfied.

For employees

You may still be protected even if you are not an employee. Employment status should always be considered before deciding whether legal protection applies.

For employers

Workers who do not have traditional employment contracts may still have whistleblowing rights. Employers should therefore ensure whistleblowing policies apply consistently across the workforce.

How Should a Disclosure Be Made?

The law encourages workers to raise concerns internally wherever possible.

A disclosure can usually be made to:

● A line manager

● Human Resources

● Senior management

● An internal whistleblowing officer

Certain disclosures made to prescribed regulators or legal advisers are also protected.

Disclosures to the media or other third parties will only be protected in limited circumstances where additional legal requirements are satisfied.

For employees

Where possible, follow your employer's whistleblowing policy. Internal reporting usually provides the strongest legal protection and allows concerns to be investigated quickly.

For employers

A clear whistleblowing policy encourages concerns to be raised internally before they escalate into regulatory investigations or public disclosures. You must also be very cautious when an employee raises any issues relating to breaches of legal obligations or health and safety. Often it is not immediately obvious that a concern amounts to whistleblowing, so do seek advice whenever possible.

Protection for Whistleblowers

Workers who make protected disclosures have the right not to suffer any detriment because of doing so.

Examples include:

● Disciplinary action

● Loss of promotion opportunities

● Bullying or harassment

● Reduction in hours or pay

● Dismissal

If a worker is dismissed because they made a protected disclosure, the dismissal will usually be automatically unfair.

There is no statutory cap on compensation in whistleblowing claims.

Compensation may include financial losses, injury to feelings in detriment claims where applicable, and future losses where appropriate.

Employers may also be held vicariously liable for retaliation carried out by managers or colleagues.

For employees

Keep copies of emails, meeting notes and any evidence showing how you were treated after making your disclosure.

For employers

Managers should understand that retaliating against whistleblowers may expose both themselves and the organisation to liability.

Practical Steps

For employees

● Follow your employer's whistleblowing policy where possible.

● Make your disclosure in writing if appropriate.

● Keep copies of relevant documents and correspondence.

● Seek legal advice before making disclosures outside your organisation.

● Remember that confidentiality clauses do not usually prevent protected whistleblowing.

For employers

● Maintain an up to date whistleblowing policy.

● Train managers to recognise protected disclosures.

● Investigate concerns promptly and objectively.

● Protect whistleblowers from victimisation.

● Provide appropriate feedback wherever possible so workers understand their concerns have been considered.

Frequently Asked Questions

Do I have to be an employee to whistleblow?

No. Protection extends to many workers, including agency workers and some self employed individuals.

Do I have to prove the wrongdoing?

No. You only need a genuine and reasonable belief that the information disclosed tends to show wrongdoing.

Can I be dismissed for whistleblowing?

If the reason for dismissal is that you made a protected disclosure, the dismissal is likely to be automatically unfair.

Can I report concerns outside my employer?

Sometimes. Disclosures to prescribed regulators are often protected, but disclosures to the media or wider public will only be protected in limited circumstances.

Is there a limit on compensation?

No. Unlike ordinary unfair dismissal claims, whistleblowing compensation is not subject to a statutory cap.

This guide provides general information only and is not legal advice. Anyone considering making a protected disclosure, responding to a whistleblowing allegation, or bringing or defending a whistleblowing claim should contact us at contact@gec-law.co.uk for tailored legal advice.