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Employment

Protection of whistleblowers

You're protected under the law if you reveal to those in positions of authority -'blow the whistle on'- suspected malpractice at work. Find out about the types of disclosure you can make, who to make them to and what to do if you suffer for whistleblowing.

Public interest and the law

The law that protects whistleblowers is for the public interest - so people are encouraged to speak out if they find malpractice in an organisation. They can do so knowing they're protected from losing their job and/or being victimised. Blowing the whistle is more formally known as 'making a disclosure in the public interest'.

Who's protected?

You're protected from victimisation as a whistleblower if you meet all of the following:

  • you're a 'worker'
  • you're revealing information of the right type (a 'qualifying disclosure')
  • you reveal it to the right person, and in the right way (making it a 'protected disclosure')

See below for more on 'qualifying' and 'protected' disclosures.

'Worker' has a special wide meaning for these protections.  As well as employees it includes the self-employed, agency workers and people who aren't employed but are in training with employers.

Where does the protection apply?

Qualifying disclosures

To be protected, you need to reasonably believe that malpractice in the workplace is happening, has happened or will happen.  You also need to make your disclosure in the right way.

The types of malpractice the law covers are:

  • criminal offences
  • failure to comply with a legal obligation
  • miscarriages of justice
  • threats to peoples health and safety
  • damage to the environment

The law also covers a deliberate attempt to cover up any of these.

You may not be protected if you break another law in blowing the whistle for example, if you've signed the Official Secrets Act as part of your employment contract.

Protected disclosures

For your disclosure to be protected by the law you must make it to the right person and in the right way.

If you make a qualifying disclosure in good faith to your employer, or through procedures which your employer has authorised, the law protects you.  You can also complain to the person whos responsible for the area of concern to you. For example, you might raise concerns about health and safety with a health and safety representative.

In order for a disclosure to a 'prescribed person' to be protected, you must fulfil the following requirements. You must:

  • make the disclosure in good faith;
  • reasonably believe that the information is substantially true
  • reasonably believe you are making the disclosure to the right 'prescribed person'

You can also make disclosures to others, in certain circumstances, you can make your disclosure:

  • to your legal adviser
  • to a government minister, if you're a public sector employee
  • more generally (eg to a professional standards body or, in extreme circumstances, the media)

However, there are different sets of rules as to when each of these disclosures will be protected. For example, the rules covering disclosures 'more generally' are extremely strict (among other things, you must not be acting for personal gain).

If you are unsure, you should always get professional advice before going ahead (note that anything you say to a legal adviser in order to get advice is automatically protected).

What to do next

If you want to complain about malpractice at work you should follow any procedure set down by your employer (this will often be your employer's grievance procedure). If you belong to a trade union, you can get advice from your representative. If you're complaining about a health and safety issue, you can speak to your safety representative if you have one.

If you’re sacked for whistleblowing

If you’re sacked for complaining about malpractice at work, you can make a claim for unfair dismissal if you’re an employee.  You do not need to have the normal one year’s service to do this.

If you're not an employee but are covered by the whistleblowing protections and have a contract that's terminated for whistleblowing you can take your case to an Employment Tribunal (Industrial Tribunal in Northern Ireland) and claim that you have suffered 'detrimental treatment'.

If you're covered by the whistleblowing protections and you've been victimised (eg demoted, been denied training opportunities or promotion) for whistleblowing you can take your case to an Employment Tribunal, claiming that you have suffered 'detrimental treatment'.

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on employment rights issues. You can call the Acas help line on 08457 474 747 from 8.00 am to 6.00 pm Monday to Friday.

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

If you are a member of a trade union, you can get help, advice and support from them.

Seek legal advice from a Solicitor or Advice Agency on discrimination issues

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