Practice Area
Whistleblowing
Witnessing unlawful conduct, serious breaches of health and safety, environmental damage, or other wrongdoing at work puts employees in a difficult position. Speaking up can feel risky. But the Public Interest Disclosure Act 1998 protects employees who make genuine protected disclosures about serious matters.
If you're an employee concerned about wrongdoing at work, you have legal rights to report it—to your manager, your employer's whistleblowing hotline, or in some cases to external authorities—without fear of retaliation. If you suffer detriment (such as dismissal, demotion, or harassment) for making a protected disclosure, you can claim compensation.
I advise employees on their whistleblowing rights, the best way to raise concerns, and how to protect themselves. I also advise employers on their legal obligations to protect whistleblowers and to take genuine concerns seriously.
How I can help
I advise employees on their whistleblowing rights under the Public Interest Disclosure Act 1998
I help identify whether a disclosure is a protected disclosure and advise on the best way to raise concerns
I advise on internal procedures, prescribed body disclosures, and external reporting mechanisms
I protect employees from retaliation for making protected disclosures and advise on detriment claims
I advise on compensation for dismissal or other detriment suffered due to whistleblowing
I help build evidence of retaliation and connect it to the protected disclosure
I advise employers on whistleblowing procedures and the legal duty to protect whistleblowers
I advise that confidentiality clauses cannot prevent protected disclosures about unlawful conduct
What Is a Protected Disclosure
Under the Public Interest Disclosure Act 1998 (now Part IVA of the Employment Rights Act 1996), a protected disclosure is a disclosure of information that, in the reasonable belief of the person making the disclosure, tends to show one or more of the following: a criminal offence, a breach of legal obligation, a miscarriage of justice, a danger to health and safety, environmental damage, or concealment of any of these.
The key elements are: the disclosure must be of information (not an opinion), it must be made in the reasonable belief that it shows one of the qualifying matters, and it must be made to the right person (either the employer, a legal adviser, or in certain cases, a prescribed external body or the police).
Common examples of protected disclosures include: reporting financial fraud or dishonesty, reporting illegal working practices, reporting breaches of health and safety law, reporting discrimination or harassment (which may breach equality law), reporting data breaches or GDPR violations, reporting environmental violations, and reporting pressure to submit false accounts or documentation.
Importantly, the disclosure is protected even if the information later turns out to be incorrect, provided the employee reasonably believed it was correct when making the disclosure. This protects employees from liability if their suspicions are not borne out.
How to Make a Protected Disclosure
The way you make a disclosure affects the level of protection you receive. The strongest protection is usually to make a disclosure internally—to your manager, HR, a compliance officer, or a whistleblowing hotline established by your employer.
If you make a disclosure to your employer or a prescribed external body (such as a regulator), with the reasonable belief that the matter is in the public interest, you receive full protection even if the disclosure is later found to be incorrect.
If you disclose to someone other than your employer (such as a journalist, regulator, or legal adviser), you still have some protection, but the law requires you to act reasonably. This typically means: the disclosure must be in the public interest, you must reasonably believe the employer (or prescribed body) would not take action, and you must not be seeking personal financial gain.
Disclosures to the police, the Health and Safety Executive, environmental agencies, and other prescribed bodies receive full protection. The Public Interest Disclosure Act lists prescribed bodies—regulators and authorities to whom disclosures can be safely made.
Be careful about public disclosures (such as to the media or the public). These receive protection only if you've tried raising the matter internally first, the matter is in the public interest, and you've reasonably believed your employer would not take action. Public disclosure of internal matters without exhausting internal procedures is risky.
Protected Disclosures and Confidentiality
A common concern is that confidentiality agreements or non-disclosure clauses prevent whistleblowing. This is not true. Confidentiality clauses cannot prevent protected disclosures. If you're prevented from disclosing wrongdoing because of a confidentiality clause, this clause is void and unenforceable.
Similarly, confidentiality clauses cannot prevent you from disclosing to a legal adviser, to law enforcement, or to prescribed regulators. If you're worried that a confidentiality clause prevents you from raising concerns, be assured that it does not.
However, outside the scope of protected disclosures, confidentiality clauses remain enforceable. So if you're planning to disclose to the media or the public (rather than to your employer or a regulator), ensure you meet all the criteria for a protected disclosure. If you don't, a confidentiality clause could be enforced against you.
In summary: protect yourself by raising concerns internally first, or by disclosing to a prescribed body. This way, you have full protection regardless of any confidentiality clause.
Protection from Retaliation
If you make a protected disclosure, you're protected from suffering a "detriment" because of the disclosure. Detriment includes: dismissal, demotion, pay cuts, withdrawal of benefits, exclusion from meetings or opportunities, harassment, and any other action detrimental to your employment.
If you're dismissed because you made a protected disclosure, this is automatically unfair. You can claim unfair dismissal even if you've been employed for less than two years (normally a two-year qualification period applies). You can also claim compensation for any other detriment suffered.
The burden of proof is important: once you've established that you made a protected disclosure and suffered a detriment, the burden shifts to the employer to prove the detriment was not because of the disclosure. The employer will need to provide a credible alternative reason for the dismissal or detriment.
Common problems I see are employers retaliating against whistleblowers—dismissing them, excluding them from projects, denying them promotion, or creating a hostile environment. Retaliation is illegal, and if you can show the retaliation was connected to the protected disclosure, you have a strong claim.
However, retaliation is often subtle and difficult to prove. The employer will claim the dismissal was for poor performance or redundancy or other reasons. Gathering evidence—emails, timings (was the dismissal shortly after the disclosure?), comparisons with how others were treated, witness statements—is crucial.
Confidentiality and Victimisation Concerns
A common concern is whether a protected disclosure must be confidential or whether it can be made publicly. The law allows public disclosures in certain circumstances, but the protection is stronger for internal disclosures. If you're concerned about retaliation, it's usually safer to raise the matter internally first.
Another concern is victimisation: retaliation for making a protected disclosure. This is illegal under the Public Interest Disclosure Act. If you suffer victimisation because you've made a disclosure, you can claim compensation. However, victimisation can be subtle and take time to become apparent. If you're dismissed weeks or months after a disclosure, the employer will claim the timing is coincidental. Building a strong case requires evidence that the dismissal was related to the disclosure.
If you're planning to make a protected disclosure and are concerned about retaliation, it's wise to seek legal advice first. A solicitor can advise on the best way to make the disclosure, how to protect yourself, and what to do if you suffer retaliation.
The Prescribed Body Process
For certain types of disclosure, you can raise the matter with a "prescribed body"—a regulator or authority. For example, financial misconduct can be disclosed to the Financial Conduct Authority, health and safety breaches to the Health and Safety Executive, environmental breaches to the Environment Agency.
Disclosures to prescribed bodies receive full protection. The prescribed body will investigate and take appropriate action. From the employee's perspective, disclosing to a regulator shifts the responsibility to the authority and provides a level of official oversight.
The advantage of disclosing to a prescribed body is that you have full legal protection and the matter goes to an authority with the power to investigate and enforce the law. The disadvantage is that the process may be slower than internal resolution, and you lose some control over how the matter is handled.
I advise clients on whether disclosing to a prescribed body is appropriate in their circumstances. For serious matters (such as financial fraud or significant health and safety breaches), a prescribed body disclosure may be the safest option.
My Approach to Whistleblowing Claims
When I advise an employee making a protected disclosure, I start by assessing whether the disclosure meets the legal requirements: is there a qualifying matter (unlawful conduct, etc.)? Did the employee reasonably believe the disclosure was in the public interest? Was the disclosure made to the right person?
I then advise on the best way to make the disclosure—internally or to a prescribed body. I help the employee document the disclosure (ideally in writing) so there's clear evidence of what was said and when. I also advise on potential retaliation and how to protect themselves, such as keeping records and building evidence of any detriment suffered.
If the employer retaliates (for example, by dismissing the employee), I advise on the claim, the likely compensation, and the strength of the case. Whistleblowing claims can be complex—the employer will typically claim an alternative reason for the dismissal—but if the timing, circumstances, and evidence show the dismissal was connected to the disclosure, the case is strong.
For employers, I advise on their legal obligations to protect whistleblowers and to take disclosed matters seriously. I help employers establish clear whistleblowing procedures and train managers on how to handle disclosures appropriately.
Practical Guidance for Whistleblowers
If you've witnessed wrongdoing at work and are considering making a disclosure, here's my practical advice:
First, document the facts. Write down what you've observed, when, who was involved, and what the concern is. Keep detailed records—this will be crucial evidence later.
Second, understand your rights. Consult a solicitor to confirm that your concern is a protected disclosure and to discuss the best approach.
Third, consider raising the matter internally first. Check your employee handbook for whistleblowing procedures. If there's an internal hotline or a named person to contact, use it. Internal disclosure is often less confrontational and gives the employer a chance to investigate and address the problem.
Fourth, if you're concerned the employer won't take the matter seriously, or if the concern involves senior management, consider disclosing to a prescribed body (a regulator). This provides official oversight and protection.
Fifth, make the disclosure in writing if possible. This creates a clear record of what you said and when. Keep a copy.
Sixth, if you suffer any detriment after making a disclosure, document it immediately. Record what happened, when, and how you believe it's connected to the disclosure.
Finally, don't delay in seeking legal advice if you're dismissed or suffer other detriment. You have strict time limits for bringing tribunal claims.
Frequently Asked Questions
What is a protected disclosure?▾
A protected disclosure is disclosure of information that the person reasonably believes tends to show unlawful conduct, breach of legal obligation, health and safety dangers, environmental damage, or miscarriage of justice. The disclosure must be made in the reasonable belief that it's in the public interest. Common examples: reporting financial fraud, illegal working practices, health and safety breaches, discrimination, GDPR violations, and data breaches. The disclosure is protected even if the information later turns out to be incorrect, provided the employee reasonably believed it when making the disclosure.
What protection do I have if I make a protected disclosure?▾
You're protected from suffering a detriment (such as dismissal, demotion, harassment, or exclusion) because of the disclosure. If you're dismissed for making a protected disclosure, it's automatically unfair regardless of your length of service (normally you need two years for unfair dismissal claims). You can claim compensation for any detriment suffered. The employer must prove the detriment was not because of the disclosure—the burden shifts to them once you've shown you made a protected disclosure and suffered a detriment.
Can I be prevented from whistleblowing by a confidentiality clause?▾
No. Confidentiality clauses cannot prevent protected disclosures. If you're prevented from disclosing wrongdoing by a confidentiality clause, the clause is void and unenforceable. You have the legal right to disclose to your employer, to a legal adviser, or to prescribed authorities (like regulators) without breach of confidentiality. However, confidentiality clauses do apply to disclosures outside the scope of protected disclosure—such as public disclosures to the media. To protect yourself, raise concerns internally or with a prescribed body, and you're protected regardless of confidentiality.
Should I report internally or to a regulator?▾
It depends on the seriousness of the concern and your confidence in your employer's response. Internal reporting is often the first step and is less confrontational. Check your employee handbook for whistleblowing procedures. However, if the concern involves senior management, if you believe the employer won't take it seriously, or if it's a serious matter (such as financial fraud), disclosing to a prescribed regulator (like the Financial Conduct Authority, Health and Safety Executive, or Environment Agency) may be appropriate. Prescribed body disclosures have full legal protection and shift investigation responsibility to the authority.
What should I do if I'm dismissed after making a protected disclosure?▾
This is automatically unfair dismissal. Seek legal advice immediately. You have three months from dismissal to bring a tribunal claim, but don't delay. Gather evidence: the disclosure (ideally in writing), the dismissal letter, any communications showing the employer knew about the disclosure, and the timing (was dismissal shortly after the disclosure?). You don't need two years' service to claim unfair dismissal if the dismissal is for a protected disclosure. Compensation can be substantial and includes lost wages, pension loss, and compensation for injury to feelings.
Is my job protected if I make a protected disclosure?▾
Yes, your job is protected from detriment. You cannot be dismissed, demoted, harassed, excluded from opportunities, or otherwise disadvantaged because you made a protected disclosure. If the employer tries to retaliate, they're breaking the law. However, protection isn't absolute if the employer has a separate, genuine reason for the dismissal or detriment—that's why the employer's burden of proof is important. If you're dismissed shortly after a disclosure, the timing suggests retaliation, and it's for the employer to prove otherwise. Building evidence is key.
What compensation can I claim if I'm retaliated against for whistleblowing?▾
If you're dismissed for making a protected disclosure, it's automatically unfair dismissal. You can claim compensation comprising: basic award (linked to age, service, and weekly pay), compensatory award (actual losses including lost wages, pension loss), and compensation for injury to feelings. There's no statutory cap on whistleblowing compensation, unlike unfair dismissal claims. Depending on the seriousness of the retaliation and the impact on you, compensation can be substantial. If you've suffered other detriment (harassment, demotion, exclusion), you can claim compensation for that too.
What if I'm concerned about making a disclosure and retaliation?▾
These are legitimate concerns, which is why the law protects whistleblowers. However, retaliation is often subtle and may take time. To protect yourself: document the disclosure in writing; keep records of the facts you're disclosing; if you make an internal disclosure, request written confirmation that your concern has been received; keep records of any detriment you subsequently suffer (timing, what happened, who was involved, any witnesses); and seek legal advice early if you're concerned. Many employers have whistleblowing procedures designed to protect the whistleblower's identity and safety. Use these if available. If you're genuinely concerned about safety, disclosing to an external regulator may be safer.
If you've witnessed wrongdoing at work or are considering making a disclosure, contact me for confidential advice on your rights and protections. I'll advise on the best way to raise concerns safely and how to protect yourself from retaliation.
Get in touch for a no-obligation initial conversation about your matter.
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