Closed consultation

Protecting whistleblowers seeking jobs in the NHS

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Seeks views on draft regulations that prevent an NHS employer from discriminating against applicants who appear to have been whistleblowers.

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Consultation description

The whistleblowing review, Freedom to Speak Up made recommendations for building an open and honest reporting culture in the NHS. This included recommended protections from discrimination for people seeking NHS employment on the basis that they were perceived to have ‘blown the whistle.’

In response, the government amended the Employment Rights Act 1996 to enable regulations to protect those seeking recruitment with certain NHS bodies.

The proposed regulations aim to:

  • make it clear that discrimination against whistleblowers seeking jobs or posts with certain NHS employers is prohibited
  • make it clear that the individual applicants have a legal recourse should they feel they have been discriminated against, with appropriate remedies should their complaint be upheld
  • help embed in NHS bodies a culture that supports workers to raise concerns and welcomes new workers who have done so in the past


Published 20 March 2017