What protection do whistleblowers have in the UK?
Short answer
Workers who make a "protected disclosure" under the Public Interest Disclosure Act 1998 (incorporated into the Employment Rights Act 1996) are protected from dismissal and detriment. Claims can be brought without any qualifying period.
Whistleblowing protection in the UK is provided primarily by Part IVA of the Employment Rights Act 1996, which was introduced by the Public Interest Disclosure Act 1998. A worker who makes a "qualifying disclosure" — disclosure of information that they reasonably believe shows wrongdoing in the public interest — is protected from dismissal or any other detriment by their employer as a result of making that disclosure. A qualifying disclosure covers: criminal offences; failure to comply with a legal obligation; a miscarriage of justice; danger to health and safety; damage to the environment; or deliberate concealment of any of these matters. The disclosure must be in the public interest (not just a personal grievance) and the worker must reasonably believe the information is substantially true. Disclosure can be made internally to the employer, to a "prescribed person" (a relevant regulator such as the FCA, CQC, or HMRC), or, in certain more limited circumstances, to the media or a wider audience. There is no qualifying period of employment for whistleblowing claims — protection applies from day one. If a whistleblower is dismissed, the dismissal is automatically unfair and there is no cap on compensation. If they suffer any detriment (demotion, harassment, exclusion), they can claim compensation for that detriment. Whistleblowers should keep records and seek legal advice before making any disclosure.
In-depth guide
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