Introduction to Whistleblowing
Whistleblowing is when an employee reports suspected wrongdoing or dangers at work, such as illegal activities, health and safety risks, environmental damage, or financial misconduct. In the workplace, this means raising concerns about actions or practices that could harm people, the organisation, or the public interest.
Whistleblowing plays a vital role in maintaining ethical standards and legal compliance within organisations. By speaking up, employees help prevent harm, promote transparency, and ensure that employers are held accountable for their actions. This not only protects the business but also builds trust among staff and with the wider community.
In the UK, whistleblowers are protected by law under the Public Interest Disclosure Act 1998 (PIDA). This legislation makes it unlawful for employers to treat employees unfairly or dismiss them because they have reported wrongdoing. These protections apply to most workers, including employees, agency staff, and some self-employed individuals, provided their disclosure meets certain criteria. To qualify for protection, the concern must be a “protected disclosure”—meaning it relates to specific types of wrongdoing and is made in good faith to the right person, such as an employer or a prescribed regulator.
If you are considering raising a concern at work, it’s important to do so safely and responsibly. Start by checking if your employer has a whistleblowing policy, which should outline the steps to follow and who to contact. If you feel unable to raise the issue internally, you may be able to approach an external body, such as a regulator, while still retaining legal protection.
Remember, whistleblowing is a right protected under UK law and is part of your broader Employee Rights. If you believe you have been treated unfairly or dismissed after raising a concern, you may have grounds to take further action, such as bringing a claim to an employment tribunal. Speaking up not only helps you but also contributes to a safer and more ethical workplace for everyone.
Legal Protections for Whistleblowers in the UK
In the UK, employees who report wrongdoing at work are protected by law under the Public Interest Disclosure Act 1998 (PIDA). This legislation was introduced to encourage people to speak up about malpractice without fear of losing their job or facing unfair treatment. Understanding how these legal protections work is important for anyone considering raising a concern at work.
The Public Interest Disclosure Act 1998 is the main law that safeguards whistleblowers in the UK. It amends the Employment Rights Act 1996 to give workers the right not to be dismissed or treated unfairly because they have made a ‘protected disclosure’—that is, they have reported certain types of wrongdoing, either within their organisation or to an appropriate external body.
Not every workplace complaint is protected by law. To qualify for protection under PIDA, the disclosure must relate to specific types of wrongdoing. These are:
Criminal offences: This includes fraud, theft, bribery, or any other act that breaks the law.
Breach of a legal obligation: For example, failing to comply with health and safety regulations or employment laws.
Miscarriages of justice: Situations where someone is being wrongly convicted or punished.
Danger to health and safety: This covers risks to employees, customers, or the general public, such as unsafe working conditions or exposure to hazardous substances.
Damage to the environment: For instance, illegal dumping of waste or pollution.
Deliberate concealment of any of the above: Trying to hide or cover up any of these types of wrongdoing.
The wrongdoing can be ongoing, happened in the past, or be something the employee believes is likely to happen in the future.
PIDA protects a wide range of people at work, not just traditional employees. You may be protected if you are:
An employee (full-time or part-time)
A worker (including agency workers and freelancers)
A trainee
A contractor
A member of a Limited Liability Partnership (LLP)
Volunteers, however, are generally not covered by PIDA.
To qualify, you must make the disclosure in good faith and have a reasonable belief that the information shows wrongdoing. You do not need to have proof—just a reasonable belief based on what you know.
For a disclosure to be protected, it must be a ‘qualifying disclosure’—that is, it must relate to one of the categories listed above and be made in the public interest. This means the concern must affect others, not just you personally. For example, reporting a personal grievance about your pay or workload is unlikely to be protected, unless it also exposes a wider issue (such as systematic discrimination).
You are usually expected to raise your concern internally first, such as with your line manager or through your employer’s whistleblowing policy. However, if you feel unable to do so—for example, if you believe your employer will cover it up—you may be able to make a disclosure to a prescribed external body, such as a regulator. The law sets out strict rules about when and how you can make disclosures outside your organisation.
If you make a protected disclosure and suffer any negative consequences—such as dismissal, demotion, loss of pay, or harassment—you may have grounds to bring a claim to an employment tribunal. The law makes it automatically unfair to dismiss someone for whistleblowing, and there is no minimum length of service required to bring a claim. In addition, you are protected from any form of ‘detriment’ at work as a result of raising your concern.
Keep records: Make notes of what you have seen or heard, and keep copies of any relevant documents.
Follow your employer’s whistleblowing policy: This will usually set out the steps for raising a concern and who to contact.
Act promptly: The sooner you raise your concern, the easier it may be to resolve the issue and to show you acted responsibly.
Seek advice if unsure: If you are uncertain about whether your concern is protected, or how to raise it, consider seeking confidential advice from a trade union, legal adviser, or a specialist whistleblowing charity.
Understanding your rights under PIDA can help you make informed decisions and ensure you are protected if you choose to speak up about wrongdoing at work.
What is a Protected Disclosure?
A protected disclosure is a key concept in UK whistleblowing law. It refers to a report made by an employee or worker about certain types of wrongdoing in the workplace. The law that covers protected disclosures is the Public Interest Disclosure Act 1998 (PIDA), which is part of the Employment Rights Act 1996.
For a disclosure to be protected, it must meet specific legal requirements:
The Disclosure Must Relate to Certain Types of Wrongdoing The wrongdoing must fall into one or more of the following categories:A criminal offence (such as fraud, theft, or bribery)
A breach of legal obligation (for example, breaking health and safety laws or failing to comply with contractual duties)
A miscarriage of justice
Danger to the health or safety of any individual
Damage to the environment
The deliberate concealment of any of the above
These categories are set out in Section 43B of the Employment Rights Act 1996.
The Disclosure Must Be Made in the Public Interest The concern raised must be something that affects others, not just a personal grievance. For example, reporting unsafe working conditions that could harm colleagues or the public would usually be considered in the public interest.
The Disclosure Must Be Made to the Right Person or Body To qualify for protection, the disclosure should usually be made to the employer or to a person designated by the employer to receive such information. In some cases, disclosures can also be made to certain external bodies, known as “prescribed persons” (such as regulators), if the employee believes the employer will not address the issue or might retaliate.
The Disclosure Must Be Made in Good Faith While the law no longer requires all disclosures to be made in good faith, acting honestly and with genuine concern for the public interest is important. If the disclosure is made maliciously or for personal gain, this could affect the level of protection or any compensation awarded.
An employee reports that a manager is falsifying financial records to cover up fraud.
A worker raises concerns about dangerous machinery that could cause injury to staff.
An employee discloses that toxic waste is being illegally dumped, risking environmental harm.
A staff member reveals that the company is ignoring legal requirements for working hours, putting staff at risk.
Follow your employer’s whistleblowing policy if there is one. This usually sets out the process for raising concerns.
Keep a record of what you reported, when, and to whom. This can be helpful if you later face any negative treatment.
Be clear and factual about your concerns. Provide as much detail as possible, including dates, names, and evidence if available.
Seek advice if you are unsure whether your concern qualifies as a protected disclosure. Trade unions, legal advisers, or organisations like ACAS can offer guidance.
Does reporting a personal grievance count as whistleblowing? No, personal employment disputes (such as disagreements about pay or promotion) are not usually protected disclosures unless they involve wider wrongdoing that affects others.
Am I protected if I make a disclosure anonymously? You can make an anonymous disclosure, but it may be harder for your employer to investigate and for you to prove you are protected if you face retaliation.
What if I was mistaken about the wrongdoing? You do not have to be right about the wrongdoing for your disclosure to be protected, as long as you had a reasonable belief that what you reported was true and in the public interest.
Understanding what counts as a protected disclosure is essential for ensuring you receive legal protection if you decide to report wrongdoing at work.
Rights and Protections for Employees Who Blow the Whistle
When you report wrongdoing at work—such as illegal activity, health and safety risks, or financial misconduct—you are legally protected under the Public Interest Disclosure Act 1998 (PIDA). This means your employer cannot treat you unfairly or dismiss you simply because you’ve “blown the whistle.” Here’s what you need to know about your rights and the protections in place:
If you make a “protected disclosure”—that is, you raise a genuine concern about wrongdoing in the public interest—you have the right not to be subjected to any detriment at work. This includes being demoted, denied promotion, given unfavourable shifts, or otherwise treated less favourably. Employers are also forbidden from dismissing you for whistleblowing. If you are dismissed for this reason, it is automatically considered unfair, regardless of your length of service.
Victimisation can take many forms, from bullying and isolation to being overlooked for opportunities. In some cases, this overlaps with issues covered by workplace discrimination laws, especially if the unfair treatment is linked to protected characteristics such as race, gender, or disability.
When you raise a concern, you have the right to request confidentiality. Employers should take reasonable steps to protect your identity, only sharing your details with those who need to know in order to investigate the issue. While absolute confidentiality cannot always be guaranteed—especially if a formal investigation is required—your employer must explain if, and why, your identity needs to be disclosed.
If you experience unfair treatment, victimisation, or dismissal because of whistleblowing, you have several legal remedies available. These include:
Reinstatement or re-engagement if you have been dismissed.
Compensation for financial losses and injury to feelings.
Orders to stop the detrimental treatment.
You do not need to have worked for your employer for a minimum period to bring a whistleblowing claim—protections apply from day one.
If you cannot resolve the matter informally or through your employer’s grievance procedure, you can bring a claim before an employment tribunal. The tribunal will consider whether your disclosure was protected, whether you suffered a detriment or dismissal as a result, and what remedy is appropriate. Employment tribunals have the authority to award compensation, order reinstatement, and make recommendations to employers.
Understanding your rights is crucial if you are considering blowing the whistle. For more information on related issues, such as unfair dismissal protections, see our dedicated guidance. If you believe your rights as a whistleblower have been breached, seeking early legal advice can help you protect your position and make informed decisions about your next steps.
How to Raise a Whistleblowing Concern
When you have concerns about wrongdoing at work—such as illegal activity, health and safety risks, or financial misconduct—raising them properly is essential to ensure you are protected under the Public Interest Disclosure Act 1998 (PIDA). Here’s how to report your concerns safely and effectively:
Most organisations have a whistleblowing policy or internal process for reporting concerns. Start by checking your staff handbook, intranet, or HR department for guidance. Typically, you should:
Contact your line manager: If you feel comfortable, raise your concern with your immediate supervisor. They may be able to address the issue quickly or guide you through the next steps.
Approach HR or a designated whistleblowing officer: If your manager is involved in the wrongdoing, or if you prefer more confidentiality, go directly to your Human Resources department or the person named as the whistleblowing contact.
Use anonymous reporting channels: Some employers provide hotlines or online forms for confidential disclosures.
Clearly state the facts, provide any evidence you have, and explain why you believe there is wrongdoing. Remember, you do not need to prove the wrongdoing—just have a reasonable belief that it has occurred.
When making a disclosure, your personal information and the details you share should be handled sensitively. Employers have a duty to respect your employee privacy and data protection rights under the UK General Data Protection Regulation (GDPR) and Data Protection Act 2018. If you are concerned about confidentiality, ask how your identity and the information you provide will be protected.
If you feel unable to raise the concern internally—perhaps because the wrongdoing involves senior management, or previous reports were ignored—you can contact certain external bodies known as ‘prescribed persons’. These include:
Regulators: For example, the Financial Conduct Authority (FCA) for financial misconduct, or the Health and Safety Executive (HSE) for workplace safety issues.
Public authorities: Such as the Environment Agency or Care Quality Commission, depending on the sector.
To qualify for legal protection, your disclosure must be made to the correct prescribed person, and you must reasonably believe your concern falls within their remit. You can find a full list of prescribed persons on the UK government website.
It’s important to keep a written record of:
What you reported (including dates, times, and details)
Who you reported it to
Any responses or actions taken by your employer
Further correspondence or follow-up meetings
These records can be crucial if you later face unfair treatment, dismissal, or need to prove you made a disclosure in good faith.
If you believe you have been treated unfairly, dismissed, or victimised because you raised a concern, you may have the right to take legal action. Protections under PIDA are designed to prevent employers from retaliating against whistleblowers. You can seek advice from an employment lawyer or contact advisory services like ACAS for further support.
Raising a whistleblowing concern can feel daunting, but following the correct steps and understanding your rights helps ensure you are protected and your concerns are taken seriously.
What to Do if You Face Retaliation or Unfair Treatment
If you experience retaliation or unfair treatment after blowing the whistle at work, it’s important to recognise your rights and the steps you can take to protect yourself. UK law, specifically the Public Interest Disclosure Act 1998 (PIDA), offers strong protections for employees who report wrongdoing in good faith.
Retaliation can take many forms, and being able to spot it early is crucial. Common examples include:
Being unfairly dismissed or threatened with dismissal
Sudden changes to your job role, hours, or responsibilities without clear justification
Being denied promotions, training, or pay rises you would otherwise expect
Experiencing bullying, isolation, or verbal abuse from colleagues or managers
Receiving unwarranted disciplinary action or poor performance reviews
These actions may be subtle or overt, but if they occur after you’ve raised concerns as a whistleblower, they could amount to unlawful victimisation.
If you believe you’re being treated unfairly because of whistleblowing, you have legal options. Under PIDA, it is unlawful for your employer to subject you to any detriment, including dismissal, because you made a protected disclosure. You should:
Document Everything: Keep detailed records of incidents, including dates, times, what happened, and who was involved.
Raise the Issue Internally: Where possible, follow your employer’s grievance procedure to formally raise your concerns about the treatment you’re experiencing.
Seek Advice: Before taking formal action, consider getting advice from your trade union, a legal adviser, or a whistleblowing charity.
If the situation does not improve or you are dismissed, you may have grounds for an unfair dismissal claim or a claim for detriment as a result of whistleblowing. To do this:
Act Quickly: You must normally submit your claim within three months (less one day) of the date of the unfair treatment or dismissal.
Notify ACAS: Before you can make a claim to an employment tribunal, you must notify the Advisory, Conciliation and Arbitration Service (ACAS) and go through the Early Conciliation process.
Prepare Your Evidence: Gather all relevant documents, such as emails, written warnings, witness statements, and your own notes.
Tribunals can order compensation, recommend reinstatement, or require your employer to stop the unfair treatment.
You don’t have to face this situation alone. There are several sources of support:
Trade Unions: If you’re a member, your union can provide advice, representation, and support throughout the process.
Legal Advisers: Specialist employment solicitors can help you understand your rights and prepare your case.
Whistleblowing Charities: Organisations like Protect offer confidential advice and guidance for whistleblowers.
It’s also helpful to understand how workplace discrimination protections may overlap with whistleblowing claims, especially if you believe you’re being targeted for other reasons, such as your age, race, or gender.
Taking prompt action and seeking the right support can make a significant difference in protecting your rights as a whistleblower.
Related Workplace Issues Connected to Whistleblowing
Whistleblowing often overlaps with other important workplace issues and employee rights. Understanding these connections can help you recognise when your concerns may involve more than one area of protection—and ensure you know where to seek help.
One of the most common reasons employees blow the whistle is to report health and safety risks. If you raise concerns about unsafe practices, hazardous conditions, or breaches of safety laws, you are protected under the Public Interest Disclosure Act 1998 (PIDA). This law covers workers who disclose information about dangers to health and safety, including the risk of workplace accidents. Employers have a legal duty to provide a safe working environment, and raising genuine concerns about workplace safety should never result in unfair treatment.
Whistleblowing can also intersect with other employment rights. For example, if you are treated unfairly or dismissed after raising concerns, this may not only be a whistleblowing issue but could also relate to your dismissal rights. In some cases, employees face retaliation in the form of reduced hours, denial of rest breaks, or changes to leave rights or payment rights. If you experience these types of adverse treatment after reporting wrongdoing, you may have additional claims under employment law.
Sometimes, whistleblowing concerns overlap with workplace discrimination. For example, if you report discriminatory practices or are treated differently because of your protected characteristics (such as age, race, gender, or disability) after making a disclosure, you may be protected under both whistleblowing laws and the Equality Act 2010.
Whistleblowing is just one part of a broader set of employee protections. Understanding your rights around rest breaks, leave rights, payment rights, and dismissal rights can help you respond effectively if you face problems at work. If you are unsure about how whistleblowing might relate to your situation, exploring these related topics can give you a fuller understanding of your legal protections and options.
If you are facing any form of retaliation or have questions about how your whistleblowing concerns connect to other workplace rights, it’s important to seek advice early. This can help you protect your position and take the right steps if you need to escalate your concerns further.
