Speaking Up: Protection for Whistleblowers at Work
If you’ve witnessed wrongdoing at work — such as fraud, danger to health and safety, or other misconduct — the law encourages you to speak up. This is called “whistleblowing,” and you have legal rights when you do it properly. This guide explains how whistleblowing works and the protection available to workers in England and Wales.
What is whistleblowing?
Whistleblowing is when a worker reports certain types of wrongdoing, usually in the public interest. It’s also known as making a “protected disclosure.”
Common issues whistleblowers report:
- Criminal offences (e.g. fraud or theft)
- Failure to comply with legal obligations
- Health and safety risks
- Environmental damage
- Miscarriages of justice
- Deliberate covering up of any of the above
The wrongdoing must affect others — not just be a personal grievance (e.g. a dispute about your own contract or pay).
Who is protected?
Protection applies to most workers, including:
- Employees
- Agency workers
- Contractors
- Trainees and apprentices
- Some self-employed people who provide services
- NHS workers, even if not employed directly by the Trust
Job applicants, volunteers, and members of the armed forces are generally not covered.
What is a “protected disclosure”?
To qualify for protection, your disclosure must:
- Relate to one of the six categories of wrongdoing (see above)
- Be made in the public interest (not just for personal gain)
- Be made to the right person or organisation
How to make a protected disclosure
You should follow this order where possible:
- Internal disclosure: Raise the issue with your manager, HR, or via your employer’s whistleblowing policy.
- Prescribed person: If internal routes are not appropriate or have failed, report to a “prescribed person” (such as the HSE, FCA, or Ofsted).
- External disclosure: In some cases, you can go to the media or wider public, but this is risky. You must believe:
- Your employer will cover up the issue or treat you unfairly
- You’ve already reported it and nothing has been done
- It’s exceptionally serious
You don’t need hard proof — a reasonable belief is enough, even if it turns out to be wrong.
Your legal rights as a whistleblower
If you make a protected disclosure, the law says you must not be:
- Dismissed
- Demoted
- Denied promotion or training
- Victimised or bullied
- Subjected to any other detriment
Dismissal for whistleblowing is automatically unfair. You don’t need 2 years’ service to bring a claim.
What if you’re treated badly after whistleblowing?
You can:
- Raise a grievance under your employer’s procedures
- Contact ACAS for Early Conciliation
- Make a claim to an employment tribunal within 3 months less one day
At the employment tribunal
If you win, the tribunal can award:
- Compensation: There is no upper limit — based on financial loss and injury to feelings
- Reinstatement: Being offered your job back (though rare)
- Declaration: A formal finding that your rights were breached
Anonymous or confidential disclosures
You can report wrongdoing anonymously or ask for confidentiality. However:
- Anonymous complaints may be harder to investigate
- You may lose whistleblowing protection if you cannot show the complaint came from you
Whistleblowing vs. personal grievances
Whistleblowing is about wrongdoing that affects others. If your concern is about your own treatment (e.g. bullying, pay disputes, unfair workload), use your employer’s grievance procedure instead.
Some issues may overlap — e.g. if a grievance involves unlawful discrimination or risk to others’ safety — and could still qualify as whistleblowing.
Whistleblowing policies
Employers are not legally required to have a whistleblowing policy, but many do. A good policy should explain:
- What counts as whistleblowing
- How to raise a concern
- Who will investigate and how
- How confidentiality will be protected
- Assurance against retaliation
Need advice?
You can get free support and guidance from:
- Protect (formerly Public Concern at Work)
- ACAS (Advisory, Conciliation and Arbitration Service)
- Citizens Advice
- Your trade union (if you’re a member)
Disclaimer
This article provides general information about whistleblowing law in England and Wales as of April 2025. It is not legal advice, and laws can change. Your individual circumstances may affect how the law applies to your situation.
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