Whistleblowing at Work: A Guide for Employers

• Whistleblowing is when a worker reports wrongdoing in the public interest.
• A disclosure may be protected if the worker reasonably believes it is in the public interest, reasonably believes it tends to show a recognised type of wrongdoing and makes it through an appropriate channel.
• A worker can still be protected if the disclosed information proves incorrect, provided they had the required reasonable belief and met the other conditions for making a protected disclosure.
• Employers must not subject workers to detriment for making protected disclosures.
• Taking reasonable steps to prevent mistreatment and providing appropriate support are important best-practice measures.

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 Great Britain, whistleblowing protection is principally provided through the Employment Rights Act 1996, as amended by the Public Interest Disclosure Act 1998. Separate legislation applies in Northern Ireland.

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.

Since 6 April 2026, sexual harassment has been expressly included among the types of wrongdoing that may form the basis of a protected disclosure.

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
• Sexual harassment has occurred, is occurring or is likely to occur
• Environmental harm has happened or is likely to happen
• Evidence is being or is likely to be concealed

The wrongdoing may occur outside the UK or involve a breach of foreign law.

Workers do not need proof, but they must reasonably believe that the information they disclose is true.

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

A purely personal grievance will not normally qualify as whistleblowing. However, a grievance may include a qualifying disclosure where the worker reasonably believes the matter is also in the public interest.

For a qualifying disclosure to be protected, it must be made through a route recognised by law. Depending on the circumstances, this may include:

• The worker’s employer
• Another person whom the worker reasonably believes is legally responsible for the wrongdoing
• A legal adviser when obtaining legal advice
• A government or Scottish minister where the relevant public-sector provisions apply
• The appropriate prescribed person or body, such as the Health and Safety Executive (HSE) for certain workplace health and safety concerns
• Another person or body, including the media, where the stricter conditions for a wider disclosure are satisfied

Disclosures to the media or other third parties are protected only in limited circumstances.

The worker must reasonably believe that the information and allegations are substantially true, must not make the disclosure for personal gain and must act reasonably in the circumstances.

Additional conditions apply under section 43G, while section 43H covers disclosures concerning exceptionally serious failures.

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. This 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 dealing with national security, including certain MI5, MI6 and GCHQ staff, have only partial protection. They may be protected from unfair dismissal but not from detriment when making a qualifying disclosure.

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

Workers who make protected disclosures are protected from detriment. Those who have employee status are also protected from automatic unfair dismissal.

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 a protected disclosure, that treatment can amount to detriment. The employer may also be liable unless it can show that it took all reasonable steps to prevent the treatment.

Once a worker makes a whistleblowing disclosure, your organisation must not subject them to detriment because of it and should handle the concern appropriately.

Even if the concern appears minor or unfounded, it is good practice to take it seriously and assess it fairly. 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
  Do not use confidentiality terms or other measures to prevent a worker from making a protected disclosure. You may signpost relevant prescribed persons, but explain that protection for external disclosures depends on the recipient and whether the applicable statutory conditions are met.
• 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 that whistleblowers can report to if they feel an internal disclosure isn’t safe (e.g. the Health and Safety Executive, Care Quality Commission).

Applying the legal protections and good-practice steps outlined in this guide depends on the managers and staff who receive disclosures knowing how to respond.

Whistleblowing concerns can create legal and reputational risks when a disclosure is not recognised or handled appropriately.

That is precisely the gap that Human Focus Whistleblowing Training is designed to address.

This course helps employees and managers distinguish concerns that may qualify as protected disclosures from issues that are purely personal grievances. It explains how to raise and respond to concerns through appropriate internal and external channels, and how to reduce the risk of subjecting a whistleblower to unlawful detriment.

The course is CPD-certified, aligned with whistleblowing law in Great Britain and comes with a same-day digital certificate on completion.

Enrol your managers and staff to help turn the guidance in this article into consistent, everyday practice. To learn more about deploying this training across your organisation, contact our team.