UK Whistleblower Rights & How to Make a Protected Disclosure

Becoming a whistleblower and speaking up about workplace wrongdoing can feel daunting. Employees may worry about being labelled a troublemaker, damaging their careers, or even losing their jobs. But they should know that UK law recognises these concerns and provides specific legal protections when blowing the whistle.

Notably, though, these protections only apply if an individual’s disclosure meets certain criteria. As such, this article will discuss the conditions which must be satisfied to be eligible for whistleblowing protection and the rights which can subsequently be enjoyed.

If you believe you’ve faced detriment after revealing wrongdoing at work, contact Redmans Solicitors today. As specialist whistle blower lawyers, we can analyse your circumstances, answer your questions and discuss your options. Should you have an eligible claim, we can also guide you through each stage of the legal process.

To learn more about how we can help you, please:

• Call us directly on 020 3397 3603
• Fill out our online form with your details to request a callback

What Makes You a Whistleblower?

Whistleblowing occurs when someone raises a concern in the public interest about wrongdoing at work. This isn’t the same as making a complaint or raising a grievance, which usually involves issues with one’s pay, workload, or the way in which they’ve been treated. When “blowing the whistle,” the issue must concern something that affects others or the wider public.

Some common scenarios that may result in someone raising concerns and becoming a whistleblower include:

• Criminal offences, such as fraud, bribery, or theft
• Breaches of a legal obligation, like not having the necessary insurance
• Health and safety dangers
• Environmental damage
• Miscarriages of justice
• Deliberate attempts to conceal any of the above

Read More: Whistleblowing: A Guide for Employees

Such wrongdoing may have already occurred, be ongoing, or be likely to occur in the future. Whatever the case, the individual raising the concern doesn’t need proof of the issue, only that they have a reasonable belief that the information they’re disclosing is true.

“Protected Disclosures” Explained

To gain protection as a whistleblower, an individual’s report of workplace wrongdoing must constitute a “protected disclosure.” For a disclosure to be protected, an individual must disclose information that they reasonably believe is in the public interest and tends to show one of the qualifying types of wrongdoing (such as a criminal offence).

The disclosure must also be made to an appropriate recipient. Depending on the circumstances, this may include the individual’s employer, a legal adviser (for the purpose of obtaining legal advice), a government minister, or a prescribed person or body. As legal tests vary depending on the recipient, specialist advice can help ensure protection is preserved.

Blowing the Whistle: How to do it Safely

When considering becoming a whistleblower, how and where concerns are raised matters for obtaining protection. Often, the safest first step is to discuss the matter internally with a manager or HR, or through an employer’s whistleblowing policy and procedures. Taking such steps can resolve the issue quickly and avoid the need for formal escalation.

However, should an internal disclosure be inappropriate (for example, because senior management is involved), it may be more suitable to report the issue to a “prescribed person.” This could include taking the matter to the Health and Safety Executive, HMRC, the Financial Conduct Authority, or the Care Quality Commission, among others. Importantly, to remain protected, the whistleblower must reasonably believe that the issue falls within the prescribed person’s remit and that the information is substantially true.

While disclosure to the media is possible, it must be emphasised that this carries significant risk and is only protected in very limited circumstances. As a result, legal advice is strongly recommended before disclosures of this kind are made.

Whistleblower Protection Under the PIDA

Whistleblowing protection is primarily covered in the Public Interest Disclosure Act 1998 (PIDA), which amended the Employment Rights Act 1996. The PIDA protects individuals who have blown the whistle from detriment and dismissal for making a protected disclosure. Such claims require no minimum service length (with dismissals being considered automatically unfair), and any compensation awarded is uncapped.

Read More: Kabul Evacuation Whistleblower Dismissed After BBC Interview Wins Case Against FCDO

Furthermore, most individuals, including workers, employees, apprentices, police officers, and NHS practitioners, enjoy protection. However, if an individual works in national security or the armed forces, among other roles, they are unlikely to be protected.

Whistleblower Detriment and Dismissal

When blowing the whistle, an individual may experience detriment or dismissal. In this scenario, detriment means facing a disadvantage arising from their protected disclosure. It could include being denied a promotion, disciplined, bullied, or selected for redundancy.

Meanwhile, if the principal reason for their dismissal is their disclosure, this would be considered automatically unfair. Unlike ordinary unfair dismissal, there’s no service length requirement, meaning the individual is protected from their first day at work. Should the matter proceed to an employment tribunal, the tribunal can award uncapped compensation.

Employer Responsibilities

When an individual makes a protected disclosure, it’s vital that their employer handles the matter correctly. Failure to do so could give rise to legal risks, including vicarious liability.

To help mitigate these risks and ensure individuals understand how to raise and handle protected disclosures, having a clear whistleblowing policy is essential. This should cover how and when people can raise concerns, and the steps that will follow once a disclosure has been made.

Following receipt of a protected disclosure, employers must take the matter seriously. They should investigate the concerns appropriately and impartially, and ensure confidentiality is maintained where possible to protect the whistleblower from retaliation.

Whistleblower Lawyer: When to Get Advice

If an individual is considering blowing the whistle, obtaining expert legal advice first is often recommended. Speaking with a specialist can help establish whether a legitimate protected disclosure is being made and if an internal or external disclosure is appropriate. They can also assist if an individual has faced subsequent detriment or dismissal, helping to negotiate an exit or a settlement agreement, or to bring an employment tribunal claim.

Get Help with Redmans

If you’re considering becoming a whistleblower or have already done so and want expert legal help, contact Redmans Solicitors. As employment specialists, we can provide the answers you’re looking for and discuss how you can proceed.

It only takes a moment to get started, simply:

• Call 020 3397 3603
• Request a callback via our online form