Whistleblowing — making a protected disclosure — occurs when a worker reports information they reasonably believe shows wrongdoing by their employer or a third party. The law protects workers who blow the whistle from being dismissed or subjected to any detriment as a result. These protections are among the strongest in employment law.
What is a protected disclosure?
A protected disclosure is a disclosure of information that the worker reasonably believes tends to show one or more of the following: a criminal offence, a breach of a legal obligation, a miscarriage of justice, a danger to the health or safety of any individual, damage to the environment, or the deliberate concealment of any of the above. The worker must also reasonably believe it is in the public interest to make the disclosure.
Who can you report to?
A disclosure is protected if made to the employer, to a prescribed person such as a regulator, or — in limited circumstances — more widely. Prescribed persons include the Health and Safety Executive, the Financial Conduct Authority, HMRC, Ofsted, and many other regulators depending on the sector. Disclosures to the media are only protected in specific and narrow circumstances.
What protection do you receive?
Workers who make protected disclosures are protected from dismissal — which is automatically unfair — and from any detriment, meaning any act or failure to act that puts them at a disadvantage. Protection applies from day one of employment, unlike ordinary unfair dismissal which requires two years’ service. It also extends to workers and contractors, not just employees.
What counts as a detriment?
A detriment can include being passed over for promotion, being given an unmanageable workload, being excluded from meetings, receiving a poor performance review, being relocated without justification, or being subjected to a disciplinary process that would not otherwise have been initiated. The question is whether the treatment was caused or materially influenced by the protected disclosure.
Compensation for whistleblowing claims
Compensation for whistleblowing unfair dismissal is uncapped — unlike ordinary unfair dismissal where a cap applies. It covers financial loss and injury to feelings. Interim relief — an order that your employment continues pending the tribunal hearing — is available in whistleblowing cases and can be applied for within 7 days of dismissal. This is a powerful and underused remedy.
Whistleblowing cases are complex and employers often deny the link between a disclosure and any detriment. An employment solicitor can assess the strength of your position.