I wonder... are your workplace policies ready for the evolving whistleblowing landscape?

Whistleblowing is a vital mechanism within the workplace, ensuring that serious concerns such as fraud, health and safety violations, or legal non-compliance are reported and addressed. Under UK employment law, whistleblowers, those who raise such concerns, are legally protected from dismissal or detrimental treatment.

This article explores whistleblowing processes and obligations in more details as well as proposed reforms under the Employment Rights Bill.

What is Whistleblowing?

Whistleblowing refers to the disclosure of information by a worker that they reasonably believe shows wrongdoing, typically in the public interest. The legal framework for whistleblowing is primarily set out in the Public Interest Disclosure Act 1998 (PIDA), which amended the Employment Rights Act 1996 (ERA 1996).

To qualify for protection, the disclosure must be a protected disclosure made by a worker (which includes employees, agency workers, and some other categories) and must relate to one of six specific types of wrongdoing, including:

• Criminal offences;
• Breach of a legal obligation;
• Miscarriages of justice;
• Health and safety dangers;
• Environmental damage; or
• The deliberate concealment of any of the above.

The process of whistleblowing reporting is designed to balance the interests of workers and employers. Workers must reasonably believe their disclosure is in the public interest and report to appropriate parties. Employers, in turn, are encouraged to establish internal whistleblowing procedures to address concerns before external reporting becomes necessary.

Employer Responsibilities

Employers must handle whistleblowing disclosures responsibly. Employers have a duty to protect whistleblowers from detriment and ensure that settlement agreements do not infringe on their rights. This aligns with the broader aim of fostering a culture of transparency and accountability. Key obligations include:

• Providing a clear whistleblowing policy: Policies should outline how to report concerns, who to report to, and how confidentiality is maintained.
• Investigating disclosures appropriately: Concerns raised must be taken seriously and investigated promptly.
• Protecting whistleblowers from detriment: This includes shielding individuals from harassment, bullying, or negative changes to their employment terms.
• Avoiding unfair dismissal: If dismissal is linked to a protected disclosure, it may be automatically unfair under section 103A of ERA 1996.

Failure to follow appropriate procedures can lead to legal liability, reputational damage, and tribunal claims.

Proposed Changes Under the Employment Rights Bill

The UK government has proposed significant reforms to whistleblowing through the Employment Rights Bill (still under review as of 2025). Key proposed changes include:

• Creation of a Whistleblowing Commissioner: An independent body to oversee whistleblowing practice, offer guidance, and investigate systemic failings.
• Widened Scope of Protection: Expanding protection to cover volunteers, non-executive directors, and job applicants. These groups are not currently protected under PIDA.
• Mandatory Whistleblowing Policies for Employers: Employers above a certain size would be required to implement formal whistleblowing procedures and report annually on cases handled.
• Reporting Portal: A new online platform enabling easier and anonymous reporting of concerns to the Commissioner and prescribed bodies.

If enacted, these reforms aim to modernise and strengthen the UK's whistleblowing regime and encourage a culture of transparency and accountability.

Conclusion

Whistleblowing is a vital tool for promoting workplace integrity. The current legal framework provides robust protections for whistleblowers, while the proposed changes under the Employment Rights Bill promise to enhance these protections further. As legal reform looms, employers must remain vigilant in managing protected disclosures and prepare to align their procedures with upcoming legislative developments to ensure compliance with the law and foster a supportive environment for whistleblowers.

Further Advice

If you have any queries on holiday pay practices or any other employment-related matters, our Peace of Mind Team is here to provide expert guidance. Our Document Audit Team can also assist in drafting relevant workplace policies.

Contact our Employment Team by emailing employment@warnergoodman.co.uk or calling 023 8071 7717.

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With the upcoming Employment Rights Bill, UK employers face increasing pressure to adapt their practices and stay compliant with new regulations.

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