Whistleblowing at Work: A Guide for Employers

• Whistleblowing is when a worker reports wrongdoing in the public interest.
• A whistleblowing disclosure is protected by law if it’s made in the public interest and based on reasonable grounds.
• Whistleblowers themselves are protected. They cannot be treated unfairly by their employer or colleagues for reporting wrongdoing, even if their concerns are later proven to be false.
• Employers must take all reasonable steps to protect and support whistleblowers. Implementing a whistleblowing policy is a good start.

Whistleblowing is when a worker reports suspected wrongdoing at work. That wrongdoing may have happened in the past, be happening now or is likely to happen in the future.

In the UK, whistleblowers are protected by the Employment Rights Act 1996, as amended by the Public Interest Disclosure Act 1998.

Under these laws, workers cannot be dismissed or mistreated by their employers if they make a “protected disclosure”. This means the disclosure must meet certain criteria.

In order for a whistleblower to claim protection, their disclosure must:

The worker must reasonably believe that the disclosure reveals one or more of the following:

• A criminal offence has occurred or is likely to occur
• Someone has failed or is likely to fail to meet a legal duty
• A miscarriage of justice has happened or is likely to happen
• Health and safety are or could be endangered
• Environmental harm has happened or is likely to happen
• Evidence is being or is likely to be concealed

The wrongdoing can occur outside the UK or involve foreign laws.

Workers do not need proof, but they must honestly believe that their disclosure is true.

A worker must believe that the disclosure being made is in the public interest.

This means that the reported wrongdoing affects more than just the whistleblower. You cannot blow the whistle on a personal grievance.

Depending on the circumstances and the nature of the complaint, the worker must disclose to:

• Their employer
• A legal adviser, such as a lawyer
• A prescribed person or body – e.g. complaints related to workplace safety could be made to the Health and Safety Executive (HSE)

In some cases, they may disclose to the media or others, but stricter conditions apply. For example, they must believe that reporting internally would lead to a cover-up or personal risk.

These scenarios are defined in Section 43 G of the Employment Rights Act 1996.

Legal protection for whistleblowing applies to “workers”, which is a defined term and not limited to employees.

The term “worker” includes:

• Employees (those with a contract of employment)
• Agency workers
• Freelancers and some contractors (if they provide services personally)
• NHS trainees
• Police officers
• Certain self-employed individuals working under specific arrangements

However, it does not include genuinely self-employed individuals who can send a substitute or are running a business on their own account.

Protection begins from the first day of employment. It continues even after the working relationship ends.

In addition to genuinely self-employed individuals, other whistleblowers aren’t protected by law. The includes:

• Volunteers without an enforceable employment contract
• Non-executive directors
• Members of the armed forces
• Solicitors or barristers dealing with issues covered by professional privilege
• Crown employees involved in national security, such as those working for MI5, MI6 or GCHQ

You may still allow these individuals to raise concerns under an internal policy.

By law, whistleblowers are protected against both unfair dismissal and detriment.

If an employee is dismissed because they made a protected disclosure, it is classed as automatic unfair dismissal.

There is no requirement for two years’ service, and the employer cannot justify the dismissal on other grounds if whistleblowing is the true reason.

In these cases, an employment tribunal can award compensation, order the employee to be reinstated or issue a declaration that the dismissal was unfair.

Whistleblowers are also protected from detriment.

Detriment is a legal term meaning any disadvantage, harm or unfair treatment that falls short of dismissal.

Examples of detriment include:

• Being denied training or promotion
• Having working hours reduced
• Facing bullying, harassment or disciplinary action
• Being isolated or excluded from workplace activities

If a tribunal finds that a worker suffered a detriment because of whistleblowing, it may award compensation.

Whistleblowers are also protected from mistreatment by co-workers, not just senior leaders.

If colleagues bully, isolate or otherwise disadvantage a whistleblower because of their disclosure, it still counts as detriment under the law. This is true even if you weren’t aware of your other employees’ actions.

Once a worker makes a whistleblowing disclosure, your organisation has a legal and ethical responsibility to act appropriately.

Even if the concern appears minor or unfounded, you must take every disclosure seriously. Mishandling a protected disclosure can expose your organisation to legal claims and erode employee trust.

• Acknowledge the disclosure
  Confirm that you’ve received the concern as soon as possible. Let the whistleblower know that the matter will be reviewed.
• Assess whether it qualifies as whistleblowing
  Check whether the concern meets the criteria of a protected disclosure.
• Appoint a suitable investigator
  Ensure the issue is reviewed by someone impartial, with the right level of authority and no conflict of interest.
• Treat the whistleblower fairly
  Avoid any form of retaliation or disadvantage. Remind all relevant staff that detrimental treatment is unlawful and may lead to tribunal claims.
• Keep matters confidential where appropriate
  Avoid sharing the whistleblower’s identity unless necessary for the investigation. Explain any limitations to confidentiality from the outset.
• Keep a clear record
  Document the concern, the steps taken and the outcomes. This record can help demonstrate compliance if questions arise in the future.
• Provide feedback
  Update the whistleblower on the outcome. Even if action is not taken, explain the reasons clearly and respectfully.
• Follow up
  Monitor the whistleblower’s treatment after the disclosure to ensure there is no indirect retaliation.

Even when a disclosure has been reviewed and resolved internally, the whistleblower may not agree with the outcome. They might feel the concern was not properly investigated, or that the issue remains unresolved.

As an employer, you should have a clear process in place for this situation.

• Allow for escalation
  Your whistleblowing procedure should set out how a concern can be escalated internally. For example, whistleblowers could be referred to a more senior manager or a dedicated review panel.
• Review the investigation process
  Double-check that all steps were handled in line with your policy. A dissatisfied whistleblower is less likely to escalate externally if they feel they were treated fairly.
• Keep records
  Document all communications, findings and responses. If the matter proceeds to an employment tribunal or external body, clear documentation will be critical.
• Signpost external reporting routes
  If the individual still wishes to pursue the matter, you must not obstruct them. Provide information on prescribed bodies (such as the HSE) that they can contact. Workers have the right to raise concerns externally if they believe internal reporting was inadequate.
• Continue to protect against detriment
  Regardless of how the concern is handled, the whistleblower remains protected under the law. Any mistreatment following a disclosure, including after escalation, can still amount to unlawful detriment.

A whistleblowing policy gives your employees a safe, structured way to raise concerns, which directly supports your duties under the Employment Rights Act.

Implementing a policy also demonstrates that your organisation is open, responsible and proactive in identifying wrongdoing. This can improve your reputation, culture and standing with stakeholders.

Your policy should include:

• Purpose – Explain why the organisation encourages whistleblowing and supports a safe reporting culture.
• Definition – Clarify what qualifies as whistleblowing (e.g. health and safety risks, criminal offences, legal breaches) and distinguish it from personal grievances.
• Who it covers – State which roles and contract types are included, and whether volunteers or others can report under the policy even if not protected by law.
• How to raise concerns – Provide simple steps for reporting, including who to contact, what information to provide and whether anonymous reports are accepted.
• How the organisation will respond – Outline the process for handling disclosures, timeframes for follow-up and how feedback will be given.
• Protection from retaliation – Clearly state that retaliation will not be tolerated and describe the support available to whistleblowers.
• External reporting options – List relevant regulators whistleblowers can report to if they feel an internal disclosure isn’t safe (e.g. the Health and Safety Executive, Care Quality Commission).

Managing whistleblowing at work is just one part of your responsibility to your workforce. And ideally, one that never needs to be tested. But other legal obligations need to be part of your everyday operations.

Understanding these obligations is essential for maintaining compliance, avoiding costly mistakes and building a healthier workplace culture.

Our online HR compliance training courses are designed to help you do exactly that. Each course provides practical, up-to-date guidance on your legal duties, helping to reduce the risk of non-compliance. All courses are approved by recognised organisations such as RoSPA and CPD, and come with instant certification.