Income & Employment Guides UK — Maximise Your Earnings
Whistleblowing Rights UK — How Protected Disclosures Work
Your legal rights when whistleblowing in the UK, what counts as a protected disclosure, how to raise concerns, and protection against retaliation.
If you’ve witnessed wrongdoing at work, UK law protects you when you speak up. Here’s how whistleblowing protection works.
What Is Whistleblowing?
| Element |
Detail |
| Definition |
Reporting certain types of wrongdoing at work that are in the public interest |
| Legislation |
Employment Rights Act 1996 (Part IVA), as amended by the Public Interest Disclosure Act 1998 |
| Key term |
Protected disclosure — a qualifying disclosure made in the right way |
| Protection applies from |
Day one of employment — no qualifying service period |
What Counts as a Qualifying Disclosure
Your disclosure must relate to one of these six categories:
| Category |
Example |
| A criminal offence |
Fraud, theft, bribery, tax evasion |
| Failure to comply with a legal obligation |
Breach of contract, regulatory non-compliance, data protection breaches |
| A miscarriage of justice |
Someone wrongly convicted or imprisoned |
| Danger to health and safety |
Unsafe working conditions, ignoring safety regulations |
| Environmental damage |
Illegal pollution, dumping waste |
| Deliberate concealment of any of the above |
Covering up wrongdoing |
What Is NOT Whistleblowing
| Not covered |
Why |
| Personal grievances (e.g. bullying, pay dispute) |
Not in the public interest (use grievance procedure instead) |
| Breach of your own employment contract |
Personal, not public interest |
| Disagreement with management decisions |
Must relate to one of the six categories |
| Information covered by legal professional privilege |
Solicitor-client communications are protected |
How to Make a Protected Disclosure
| To whom |
Protection level |
When to use |
| Your employer (internal) |
Strongest |
First step in most cases |
| A legal adviser |
Strongest |
If you need legal advice before reporting |
| A prescribed person (regulator) |
Strong |
If you reasonably believe the information is true and the concern falls within the prescribed person’s remit |
| A government minister (if Crown employee) |
Strong |
Government workers |
| Any other person (e.g. media, MP, police) |
Conditional |
Only if other routes are inappropriate AND the disclosure is reasonable in all the circumstances |
List of Prescribed Persons (Key Examples)
| Prescribed person |
What they cover |
| Health and Safety Executive (HSE) |
Workplace health and safety |
| Care Quality Commission (CQC) |
Health and social care |
| Financial Conduct Authority (FCA) |
Financial services misconduct |
| Prudential Regulation Authority (PRA) |
Financial firm safety/soundness |
| HMRC |
Tax fraud, money laundering |
| Environment Agency |
Environmental damage |
| Information Commissioner’s Office (ICO) |
Data protection breaches |
| Serious Fraud Office (SFO) |
Serious fraud, bribery, corruption |
| Ofsted |
Children’s education and care |
| Charity Commission |
Charity misconduct |
| National Audit Office (NAO) |
Public sector financial propriety |
Full list at: gov.uk/government/publications/blowing-the-whistle-list-of-prescribed-people-and-bodies
Your Protection
Protection from Dismissal
| Feature |
Detail |
| Dismissal type |
Automatically unfair if the reason (or principal reason) is the protected disclosure |
| Qualifying service |
None required — protection from day one |
| Compensation cap |
No cap — unlimited compensation |
| Who can claim |
Employees, workers, agency workers |
| Time limit to claim |
3 months minus 1 day from dismissal (after ACAS early conciliation) |
Protection from Detriment
| Detriment example |
Protected? |
| Overlooked for promotion |
Yes |
| Given worse shifts or duties |
Yes |
| Bullied or harassed |
Yes |
| Denied training or development |
Yes |
| Disciplinary action as retaliation |
Yes |
| Contract not renewed |
Yes |
| Poor reference because of disclosure |
Yes |
Steps to Take
| Step |
Action |
| 1 |
Keep evidence — save copies of emails, documents, and notes (be careful not to breach data protection) |
| 2 |
Record dates and details — write down what you’ve seen, when, and who was involved |
| 3 |
Check internal policy — your employer should have a whistleblowing policy |
| 4 |
Consider getting legal advice first — this is also a protected disclosure |
| 5 |
Report internally if appropriate (to manager, compliance officer, or via whistleblowing hotline) |
| 6 |
If internal reporting isn’t appropriate, report to a prescribed person |
| 7 |
Keep records of your disclosure and any response |
| 8 |
If you face retaliation, document everything and take advice immediately |
If Things Go Wrong
| Issue |
What to do |
| Employer ignores your concern |
Report to the relevant prescribed person (regulator) |
| Retaliation or victimisation |
Raise a formal grievance, then consider an employment tribunal claim |
| Dismissed |
Contact ACAS for early conciliation, then file an employment tribunal claim |
| Don’t know who to report to |
Contact Protect (whistleblowing charity): 020 3117 2520 or protect-advice.org.uk |
| Feel unsafe |
If there’s an immediate risk to life or safety, call the police or HSE |
Compensation at Employment Tribunal
| Claim |
What you can receive |
| Unfair dismissal (whistleblowing) |
Unlimited compensation — basic award + compensatory award (no cap) |
| Detriment |
Compensation for losses suffered |
| Injury to feelings |
Vento bands: Lower £1,200–£11,700 / Middle £11,700–£35,200 / Upper £35,200–£58,700 |
| Aggravated damages |
In exceptional cases |
Where to Get Advice
| Organisation |
What they do |
| Protect (formerly Public Concern at Work) |
Free, confidential whistleblowing advice — protect-advice.org.uk |
| ACAS |
Employment rights advice — 0300 123 1100 |
| Citizens Advice |
Free general advice |
| Trade union |
Representation and support |
| Employment solicitor |
Legal representation (many offer free initial advice) |
Useful Links