What Is Whistleblowing?
Whistleblowing is the act of reporting wrongdoing in the workplace — known legally as making a "protected disclosure." The Public Interest Disclosure Act 1998 (PIDA), incorporated into the Employment Rights Act 1996, provides legal protection to workers who make protected disclosures.
Whistleblowing protection applies from the first day of employment — there is no qualifying period. This applies to workers and employees, including those on zero-hours contracts.
What Qualifies as a Protected Disclosure?
A qualifying disclosure must relate to: a criminal offence; a breach of a legal obligation; a miscarriage of justice; danger to health and safety; environmental damage; or the deliberate concealment of any of the above. Crucially, the disclosure must be made in the public interest — purely personal grievances do not qualify as whistleblowing.
Who You Can Report To
You can make a protected disclosure to your employer (internal), a prescribed person or body (such as the FCA, HMRC, or the Health and Safety Executive), or in certain limited circumstances to a wider audience such as the media. Internal disclosures are generally encouraged first.
If you suffer any detriment (disciplinary action, demotion, poor references, exclusion, or dismissal) because you made a protected disclosure, you can bring a claim. Compensation for whistleblowing dismissal is uncapped.
Whistleblowing vs. Ordinary Grievances
A whistleblowing claim requires a genuine public interest disclosure — not just a complaint about how you personally have been treated. The difference matters enormously: ordinary unfair dismissal has a £115,115 compensation cap and requires 2 years' service; whistleblowing dismissal has no cap and no service requirement.
What To Do If You Are a Whistleblower
Document everything meticulously: record when you made your disclosure, to whom, what was said, and any subsequent treatment. Do not delete any messages or documents. Speak to a specialist employment solicitor before making any further disclosures — getting the process right is critical to maintaining legal protection. Charities such as Protect (formerly Public Concern at Work) also provide free initial advice.
Finding Legal Representation
Whistleblowing cases are complex and the stakes are high. Use our directory to find specialist employment solicitors experienced in whistleblowing claims. Given the uncapped compensation available, many solicitors are willing to take these cases on a no-win no-fee basis.