Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Whistleblowing definition

What does Whistleblowing mean? In practice, whistleblowing describes a worker raising concerns about suspected workplace wrongdoing by disclosing information in the public interest, usually to their employer, a prescribed regulator or (in limited circumstances) more widely. Across England & Wales and Scotland, “whistleblowing” commonly refers to making a “protected disclosure” under the Employment Rights Act 1996, ss.43A–43L (inserted by the Public Interest Disclosure Act 1998). Northern Ireland has near‑equivalent provisions. A qualifying disclosure must be a disclosure of information (not mere allegation) which the worker reasonably believes tends to show specified wrongdoing (such as a criminal offence, breach of legal obligation, miscarriage of...

Whistleblowing and breach reporting to the Pensions Regulator (UK): duties, ‘material significance’ assessment, procedures, enforcement and trustee governance

Published by a LexisNexis Pensions expert

Practice notes

Statutory duty to whistleblow

Under the Pensions Act 2004 (PeA 2004, s 70), those connected with pension schemes must notify the Pensions Regulator (TPR) of certain legal breaches where there is reasonable cause to think the matter is likely to be of material significance to TPR. This obligation is widely referred to as the duty to whistleblow. For more detail on the breadth of the obligation, see: Who is required to whistleblow? and What needs be reported?, below. The statutory obligation takes precedence over any inconsistent obligations an individual owes (for example, a confidentiality duty to the scheme’s sponsoring employer). Submitting a report to TPR does not infringe such additional, conflicting or existing (eg confidentiality) obligations. Section 103A of the Employment Rights Act 1996 protects employees who make a report to TPR. The scope and application of the duty feature in TPR’s General Code. TPR has also published guidance (the Whistleblowing guidance) to assist trustees in judging whether a breach of law should be reported. This guidance includes illustrative breaches, with suggestions on how such issues ought to be managed and indicating when a report to TPR is appropriate. What is the purpose of the statutory...

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Web page updated on 21/05/2026

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