Most people go to work expecting their colleagues and employers to do the right thing. But what happens if you uncover wrongdoing — such as unsafe practices, fraud, or breaches of the law? Raising a concern in the public interest is known as whistleblowing, and it can take real courage.
At Warner Goodman LLP, our specialist employment solicitors can guide you through every step of whistleblowing — from raising concerns safely to taking action if you’re treated unfairly.
What Is Whistleblowing?
Whistleblowing is when an employee reports wrongdoing at work that they believe should be made known in the public interest. Whistleblowing protects others and helps maintain integrity in the workplace, and UK employment law safeguards you from unfair treatment or dismissal when you make a protected disclosure.
This can include:
- Criminal offences
- Breaches of legal obligations
- Miscarriages of justice
- Health and safety risks
- Environmental damage
- Deliberate concealment of any of the above
If your disclosure meets legal requirements, it will be a protected disclosure under the Employment Rights Act 1996 and the Public Interest Disclosure Act 1998.
Who Is Protected by Whistleblowing Law?
Legal protection is not limited to traditional employees. You’re protected if you are:
- An employee under a contract of employment
- A worker, including freelancers, agency workers, or LLP members
- A trainee or apprentice
- Certain self-employed professionals providing services personally
This broad coverage ensures that many types of workers can speak up without fear of reprisal.
Who Can You Report To?
Your disclosure will generally be protected if it’s made to one of the following:
- Your employer or a senior manager
- The person responsible for the wrongdoing
- A legal adviser, for the purpose of seeking advice
- A Government Minister (if you work in a public body)
- A prescribed person or body, such as the Health and Safety Executive (HSE) or the Financial Conduct Authority (FCA)
If you’re unsure who to contact, we can help you determine the correct reporting route and ensure your disclosure remains protected.
What Is a “Qualifying Disclosure”?
To gain legal protection, your report must meet the test of a qualifying disclosure.
A qualifying disclosure must:
- Contain information rather than mere allegations.
- It must be made with a reasonable belief that the wrongdoing has occurred, is occurring, or is likely to occur.
- Be made in the public interest, rather than for a purely personal grievance (for example, disputes about promotion or bullying, which are handled under a grievance policy).
It doesn’t matter if your belief later turns out to be mistaken — what matters is that it was reasonable at the time.
What Happens If You’re Treated Unfairly or Dismissed?
If you are dismissed, demoted, bullied, or otherwise treated unfavourably because you made a protected disclosure, we can help you:
- Prepare a claim for compensation through an Employment Tribunal
- Seek reinstatement or re-engagement in your role
- Claim injury to feelings damages for whistleblowing detriment
There is no minimum length of service required to bring a whistleblowing claim — protection applies from day one of your employment.
Examples of Whistleblowing: What Good and Poor Handling Looks Like
It’s essential that your employer takes your whistleblowing report seriously and follows the proper procedures. Below are examples of how disclosures can be handled correctly — and what can happen when an employer fails to act appropriately.
You work for a building contractor and discover that a subcontractor has removed asbestos without proper protection, then illegally disposed of it. You report this to your Operations Director via email.
Your employer takes your concerns seriously, investigates the issue promptly, and follows their whistleblowing procedure. They thank you for raising the matter, ensure the subcontractor is held accountable, and keep you informed throughout the process. By handling the disclosure correctly, your employer protects staff and the public while maintaining a culture of integrity and trust.
You work in a hospital and notice that a colleague has been falsifying patient records, putting patient safety at risk. You report the issue to your line manager in accordance with the hospital’s whistleblowing policy.
Instead of investigating properly, your employer ignores your report, fails to address the misconduct, and treats you as a troublemaker. Over the following weeks, you are excluded from meetings, your responsibilities are reduced, and ultimately, you are dismissed without warning. Because your disclosure was made in the public interest and you suffered unfair treatment as a result, this would likely be considered automatically unfair dismissal under whistleblowing law.
How We Can Help
At Warner Goodman LLP, our specialist employment solicitors have extensive experience supporting employees in whistleblowing cases. We can:
 | | Review your situation and advise whether your disclosure qualifies as a protected disclosure under UK employment law. |
| | Guide you through internal grievance procedures to ensure your concerns are properly addressed. |
| | Represent you in negotiations with your employer to resolve disputes fairly. |
| | Prepare and support claims for unfair dismissal or detriment at an Employment Tribunal. |
| | Advise on possible compensation claims, including injury to feelings and financial loss.
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With our guidance, you can raise concerns confidently, knowing your rights are protected and that you have expert support every step of the way.
Frequently Asked Questions
Yes, many employers allow anonymous reports. However, giving your identity can make it easier for the employer to investigate and for you to access legal protection if you face unfair treatment.
A grievance typically concerns personal issues, such as bullying, harassment, or disputes over pay. Whistleblowing involves disclosing wrongdoing in the public interest, not personal complaints.
Yes. Claims to an Employment Tribunal for unfair dismissal or detriment typically must be made within three months of the incident or dismissal. Early legal advice is important.
Yes. If you made a protected disclosure during employment and suffer unfair treatment after leaving, you may still have a claim, including for constructive dismissal.
Large organisations are legally required to have a whistleblowing policy in place. Smaller employers are encouraged to have one. Following this policy helps ensure that disclosures are handled correctly and are legally protected.
Protection depends on your reasonable belief at the time of reporting. You do not need to prove the wrongdoing was actually happening — you only need to have reasonably believed it was.
Yes. Protection extends to a wide range of workers, including contractors, agency staff, LLP members, and certain self-employed professionals providing services personally.
Why Choose Warner Goodman LLP
If you’re considering raising a concern at work or have already made a disclosure and face unfair treatment, our specialist employment solicitors in Hampshire are here to provide clear guidance, practical support, and trusted expertise. We have a proven track record in successfully advising employees on whistleblowing and protected disclosure matters, with benefits including:
| | Over 170 years of expertise in employment law for employees |
| | Extensive expertise supporting clients through whistleblowing procedures and related disputes |
| | Clear pricing for transparency and peace of mind |
| | Clients rate us ‘excellent’ on reviewsolicitors.co.uk, based on over 1,000+ reviews |
| | Fully regulated and authorised by the Solicitors Regulation Authority (SRA)
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With Warner Goodman LLP, you can rely on a team that is experienced, approachable, and committed to protecting your rights and achieving the best outcome for every client.
Speak to Our Employment Law Experts
If you’re thinking about making a protected disclosure, or you’ve experienced unfair treatment after raising a concern, it’s important to get specialist legal advice as soon as possible. Our experienced solicitors will guide you through every step of the process, ensure your disclosure is handled correctly, protect your rights, and work to achieve the best possible outcome for you.
We assist clients across Hampshire and beyond, with offices conveniently located in Southampton, Portsmouth, Fareham, Chandler's Ford, and Waterlooville. You can choose to meet in person or arrange a remote appointment.
Call: 023 8063 9311
Email: employment@warnergoodman.co.uk
Alternatively, complete our online enquiry form to request a confidential callback.
