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Access all documents on Whistleblowing (Employment)

Whistleblowing (Employment) meaning

What does Whistleblowing (Employment) mean?
Whistleblowing (employment) describes when an employee or worker reports suspected wrongdoing or unethical behaviour at work, either internally (to the employer) or externally (to a regulator or prescribed person). In UK practice the underlying legal concept is a “protected disclosure” under the Employment Rights Act 1996, as amended by the Public Interest Disclosure Act 1998 (and equivalent Northern Ireland legislation). Protection applies where the individual discloses information they reasonably believe, in the public interest, tends to show specified wrongdoing (such as criminal offences, breach of legal obligation, health and safety risks, environmental damage or cover‑ups) to an appropriate recipient. Remedies include protection from detriment and automatic unfair dismissal, with no qualifying service and uncapped compensation. In Ireland, whistleblowing is governed by the Protected Disclosures Act 2014 (as amended), which defines “relevant wrongdoing” and provides internal and external reporting channels, including to prescribed persons and, in limited cases, public disclosures. The Act protects broadly defined workers from penalisation and dismissal, with confidentiality obligations and interim relief. Usage is consistent across England & Wales, Scotland and Northern Ireland, though statutory detail and prescribed persons differ. Practitioners assess whether a disclosure is protected, the reporting route, causation for detriment or dismissal, and remedies.
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View the related News about Whistleblowing (Employment)

NEWS
UK employment law update: tribunal limits, SSP/SMP rises, neonatal leave, ERB progress, Skilled Worker immigration changes, DEI pay gap consultation, key cases and April 2025 changes (20 March 2025)

In this issue: Horizon scanning Worker status and categories Immigration Pay Remuneration Taxation Diversity and the gender pay gap Maternity, parents and carers Whistleblowing Data protection and staff information Confidentiality, obligations and restrictions: enforcement Financial services and banking: employment matters Bribery, modern slavery, tax evasion and fraud Issues arising on termination Employment Tribunals Civil courts and alternative dispute resolution Dates for your diary Trackers Employment resources on Lexis+® LexTalk® Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Updated Employment Rights Bill to be considered by the House of Lords The updated Employment Rights Bill (ERB), transmitted from the House of Commons to the House of Lords, was issued on 14 March 2025. Its second reading in the House of Lords is scheduled for 27 March 2025...

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NEWS
Employment law weekly briefing: litigation highlights, policy and compliance on discrimination, unfair dismissal, whistleblowing, tribunal practice, pay and tips, CSRD reporting, immigration, key dates and resources (15 August 2024)

In this issue: Pay Prohibited conduct (discrimination etc) Equality, diversity and inclusion Whistleblowing Coronavirus (COVID-19) Issues arising on termination Employment tribunals Corporate governance Immigration Daily and weekly news alerts New and updated content IRLR Highlights—September 2024 Dates for your diary Trackers New Q&As Pay Think tank High Pay Centre released analysis of FTSE 100 executive pay for 2023. While CEO pay growth has eased after the post-pandemic surge, the median package hit a new record, up from £4.1m in 2022 to £4.19m in 2023. See: LNB News 12/08/2024 34. Prohibited conduct (discrimination etc) ET permitted to reject dismissal complaints despite the employer’s previous omission to make reasonable adjustments. In Parnell v Royal Mail Group [2024] EAT 130, the claimant brought about 31 employment tribunal claims, divided into two periods, each decided by a different tribunal...

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NEWS
UK employment law weekly: unfair dismissal reforms, NMW/NLW 2026 rates, public sector severance guidance, and key EAT/CA rulings on equal pay, whistleblowing and capability (4 December 2025)

In this issue: Horizon scanning Recruitment Public sector Pay Tax Protected characteristics Equality of terms (equal pay) Whistleblowing Employee duties and restrictions on competition Unfair dismissal Employment Tribunals Dates for your diary Trackers New Q&As Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Government U-turns on day-one unfair dismissal rights and announces compensation cap ‘will be lifted’ On 27 November 2025, the Department for Business and Trade (DBT) confirmed that, following a round of ‘constructive conversations’ with trade unions and business representatives, the discussions settled on a ‘workable package’: shortening the unfair dismissal qualifying period from two years to six months, while preserving existing day-one protection against discrimination and for automatically unfair reasons for dismissal. To reinforce these safeguards, the government further pledged that any alteration to the unfair dismissal qualifying period will only be possible through primary legislation,...

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View the related Practice Notes about Whistleblowing (Employment)

PRACTICE NOTES
Joint employment: legal presumption, vicarious liability, agency workers, office‑holders, schools, collective bargaining, TUPE, tax and contractual drafting issues

Quick view This Practice Note explores whether an employee can be engaged by two or more employers for the same role at the same time—joint employment (also termed dual employment or multiple employment). It examines the general assumption, the issue of vicarious liability, and the position of agency workers, office-holders and teachers. It also considers the setting of collective bargaining, the effect of TUPE 2006, and tax questions that may arise. Finally, it reviews the factors relevant to written contracts that involve multiple employers. Joint employment is typically discussed in relation to vicarious liability, for instance negligence (see: Vicarious liability, below). Regarding an individual’s employment rights, it appears reasonably clear that the prevailing presumption—that an employee cannot have more than one employer for the same work at the same time—can be displaced in these situations: where the person has two roles with separate employers and the roles are compatible; and where two or more employers act together within a partnership or joint venture ...

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PRACTICE NOTES
Whistleblowing: Protected disclosures under the Employment Rights Act 1996—qualifying tests, public interest, disclosure routes, prescribed persons’ duties, exceptions, and limits on NDAs/confidentiality clauses

Practice Note This Practice Note explores what amounts to a protected disclosure for the whistleblowing protections in the Employment Rights Act 1996 (ERA 1996), into which the relevant provisions of the Public Interest Disclosure Act 1998 (PIDA 1998) have been incorporated. It addresses the general features of disclosures, when they qualify as qualifying disclosures, the need for a whistleblower to hold a reasonable belief that a relevant category of wrongdoing has occurred, and that the disclosure serves the public interest, where appropriate and necessary. It further considers when qualifying disclosures obtain protection and identifies the prescribed persons (people) to whom a disclosure may properly be directed. In addition, the Practice Note summarises the reporting obligations placed on certain prescribed persons to produce an annual written report concerning the workers’ disclosures received by them...

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PRACTICE NOTES
Whistleblowing under ERA 1996: qualifying and protected disclosures, detriment and dismissal protections, prescribed persons, and best-practice policies (including 2025–2026 updates: sanctions prescribed persons and sexual harassment)

This Practice Note provides an overview of the legal framework and practical context for whistleblowing under the Employment Rights Act 1996 (ERA 1996). It offers high-level guidance for organisations and supports the drafting of your whistleblowing policy and procedures. It is not a handbook for managing whistleblowing claims, which is an employment law issue. What is whistleblowing? Whistleblowing refers to a worker disclosing information about wrongdoing (ie making a disclosure), usually—though not always—arising in the workplace. For whistleblowing protections to apply, the worker must reasonably believe they are acting in the public interest and that the disclosure points to past, current, or likely future wrongdoing within one or more of these categories: criminal offences (eg fraud) failure to meet a legal obligation miscarriages of justice risks to someone’s health and safety damage to the environment from 6 April 2026, sexual harassment concealment of wrongdoing in these categories Whistleblowing legislation is contained in the ERA 1996, as...

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View the related Precedents about Whistleblowing (Employment)

PRECEDENTS
Employee Grievance Policy and Procedure (Acas Code-compliant, England, Scotland and Wales)

1 Purpose and scope of the procedure 1.1 A grievance is any concern, issue or complaint an employee brings to their employer. Such matters may involve, amongst other areas, terms and conditions of employment, health and safety, workplace relationships, new working practices, organisational changes, equal opportunities [ and bullying and harassment ]. [ If your grievance concerns discrimination, bullying, harassment [ or whistleblowing ] please refer to the [ discrimination AND/OR bullying and harassment AND/OR whistleblowing ] policies, which set out the procedure to follow in those circumstances and are available from [ specify contact ]. ] 1.2 We will endeavour to deal, as swiftly as possible, with any grievance you may have regarding your employment. This procedure is available to any employee who has a grievance about their employment and is the process you should use if you wish to raise a formal grievance. Where appropriate, you should first try to resolve the issue informally with the person to whom you directly report. If it cannot be...

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PRECEDENTS
Company Gifts and Hospitality (Anti-Bribery) Policy: UK Thresholds, Approval, Register, Compliance and Whistleblowing

1 Introduction 1.1 The Company conducts its affairs [ es ] with honesty. We must all act together to keep it free from bribery and corruption. This policy is central to that aim, and it binds us all: the board and every employee of the Company, for everyone at all times. 1.2 It addresses the giving or acceptance of gifts and hospitality, ensuring that any legitimate spending is properly recorded and does not unduly influence the final result of procurement, applications, or any other business dealings. 2 Offer and receipt of gifts and hospitality 2.1 The Company prohibits any officer or employee of the Company from requesting any gift or hospitality in the course of their employment, whether for themselves, for a third party, or on anyone’s behalf...

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PRECEDENTS
List of issues for Employment Tribunal whistleblowing claims: protected disclosures, detriment, automatic unfair dismissal, remedies and interim relief (Great Britain)

Case No: [ Insert case number ] Between: [ INSERT NAME OF CLAIMANT ] (Claimant) and [ INSERT NAME OF RESPONDENT ] (Respondent) [ CLAIMANT’S OR RESPONDENT’S OR AGREED ] LIST OF ISSUES Jurisdiction—time limits In respect of the detriment claim, was the Claimant’s claim lodged within time, having regard to the ‘stop the clock’ effect of early conciliation? (Employment Rights Act 1996 (ERA 1996), ss 48(3)(a), 207B) If not, was it not reasonably practicable for the Claimant to present the claim in time? (ERA 1996, s 48(3)(b)) If so, was the claim made within such additional period as was reasonable? (ERA 1996, s 48(3)(b)) In respect of the dismissal claim, was the Claimant’s claim lodged in time, taking into account the ‘stop the clock’ provisions relating to early conciliation? (ERA 1996, ss 111(2)(a), 207B) If not, was it not reasonably practicable for the Claimant to submit the claim in time? (ERA 1996, s 111(2)(b)) If so,...

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View the related UK Parliament Acts about Whistleblowing (Employment)

UK PARLIAMENT ACTS
43 Contractual requirements relating to Sunday work[: opting-out notices]

(1)     Where a shop worker or betting worker gives his employer an opting-out notice, the contract of employment under which he was employed immediately before he gave that notice becomes unenforceable to the extent that it—(a)     requires the shop worker to do shop work, or the betting worker to do betting work, on Sunday after the end of the notice period, or(b)     requires the employer to provide the shop worker with shop work, or the betting worker with betting work, on Sunday after the end of that period.(2)     Subject