Whistleblowing guidance for workers
Understand how to blow the whistle on wrongdoing and your rights as a whistleblower.
Applies to England, Scotland and Wales
Overview of whistleblowing law
You are a whistleblower if you report a wrongdoing in the public interest.
To receive protection as a whistleblower you must be a worker (including employees).
You must also:
- reasonably believe that the disclosure is ‘in the public interest’.
- reasonably believe that the disclosure shows that one or more type of wrongdoing has taken place, is taking place or is likely to take place. For example, a danger to health and safety
- make the disclosure through the proper channels. For example, to your employer or to a relevant regulator or organisation, known as a ‘prescribed person’
If you meet these conditions, you are protected from being treated unfairly by your employer or work colleague or being dismissed for blowing the whistle. This is known as making a ‘protected disclosure’.
Whistleblowing law is different in Northern Ireland and this guidance only relates to Great Britain. Read guidance on blowing the whistle in Northern Ireland.
You can raise your concern at any time about either:
- an incident that happened in the past
- is happening now
- you believe will happen in the future
This guidance is for workers. You can also read guidance for employers.
What protection is available
If you are an employee or worker, you are protected from being treated unfairly for blowing the whistle. This is known legally as being protected from detriment.
Examples of detriment include a reduction in your work hours or being harassed.
If you are an employee, you are also protected from being unfairly dismissed.
You are protected from the beginning of employment and are protected even if you no longer work there.
Who is protected by law
A wide range of workers are protected. The definition of ‘worker’ for whistleblowing purposes is broad and includes:
- workers, including employees
- trainees or those undertaking work experience that is not provided by an educational establishment (for example, university, college, school) or as part of a course run by that establishment
- agency workers
- student nurses and student midwives
- police constables and police cadets
- self-employed NHS practitioners, such as doctors, dentists, ophthalmologists and pharmacists
- applicants for certain roles in the NHS
You are protected as a contractor if both of the following apply:
- an individual who works under a contract to carry out work for a business at a location the business does not control
- the business is your employer and not a client or customer of your own business
For example, this may include a person who works at home and has a contract with a clothing manufacturer to make up garments, themselves or together with friends and family, using cloth supplied by the manufacturer.
How whistleblowing cases are assessed
Each case will depend on the facts, but people are unlikely to be protected if they are:
- self-employed, unless they fall into a category in the list above
- a volunteer
- a non-executive director
- a member of the armed forces
- a crown employee who works for MI5, MI6 or Government Communications Headquarters (GCHQ)
What counts as whistleblowing
To qualify for whistleblowing protection under the law, you must:
- reasonably believe that the disclosure is about a certain type of wrongdoing
- reasonably believe that reporting the wrongdoing is in the public interest
- make the report through the proper channels
These conditions are explained further in later sections of this page.
Disclosures of wrongdoing that count as whistleblowing
You must reasonably believe that one or more of the following types of wrongdoing has taken place, is taking place or likely to take place:
- a criminal offence – for example, your employer committing fraud
- a breach of a legal obligation – for example, your employer does not have the right insurance
- a miscarriage of justice – for example, you identified evidence that was not provided to a court that you reasonably believe would have changed the outcome of a case
- yours or someone else’s health and safety is in danger – for example, customers have been served contaminated food
- damage to the environment – for example, new business activities that are likely to pollute local rivers
- sexual harassment – for example, you or other workers were sexually harassed
- the deliberate concealment of information that you think may show any circumstances previously mentioned
Public interest test
You, as a worker, must reasonably believe that reporting the wrongdoing is in the public interest.
Generally, this means the wrongdoing will impact others, not just the worker. For example, other colleagues or the public.
In deciding if the disclosure is in the public interest a tribunal would look at the facts of the specific case, but may consider the following 4 factors when determining whether a disclosure is in the public interest:
- The numbers in the group whose interest the disclosure served. For example, a larger number of people impacted by wrongdoing might be more likely to be considered in the public interest - although not necessarily.
- The nature of the alleged wrongdoing and the impact of the wrongdoing disclosed, such as an assessment of whether the wrongdoing was marginal or indirect or important and if the disclosure affects a very important interest. For example, public health or substantial financial fraud might be more likely to meet the test even if the group affected is relatively small.
- The nature of the wrongdoing disclosed. Whether the wrongdoing was deliberate or accidental may be taken into account and where the wrongdoing was deliberate, this might be more likely to be in the public interest than an inadvertent wrongdoing affecting the same amount of people.
- The identity of the alleged wrongdoer. If the wrongdoing involves a high-profile person or large organisation, their actions may have had wider reach and therefore may be more likely to be considered in the public interest.
But this will not always be the case. An employment tribunal or a court may consider other factors, such as the nature and impact of the wrongdoing and the identity of the wrongdoer.
How to blow the whistle
Who you can make a disclosure to
You must report the wrongdoing through the proper channels for your disclosure to be protected.
You could make your disclosure to your employer or another person you think is responsible for the wrongdoing. If you work for a government department or statutory body, you can also make your disclosure to a government minister or Scottish minister.
You can also make a disclosure to your legal adviser, in the course of obtaining legal advice.
You may want to make your disclosure externally to a relevant authority or body.
This will be a protected disclosure if:
- it is made to a prescribed person
- you reasonably believe that the wrongdoing falls within that person’s prescribed remit
- you reasonably believe that the disclosure (the information and any allegations) is substantially true
For example, a whistleblowing disclosure made to the Financial Conduct Authority about financial crime.
Disclosures to third parties
If you make a disclosure to a third party, such as to a media organisation or by posting on social media, it will only be protected in the following limited circumstances.
The disclosure may be protected if all the following conditions are met:
- you reasonably believe that the information disclosed, and any allegations contained in it, are substantially true
- you do not make the disclosure for personal gain
- it is reasonable for you to make the disclosure in the circumstances of the case
And if the following circumstances applies:
- you reasonably believe you will be subjected to a detriment (adverse treatment) if you make the disclosure to your employer or to a prescribed person; or
- where there is no prescribed person and you reasonably believe that evidence will be destroyed or concealed if you make the disclosure to your employer; or
- you have already disclosed substantially the same information to either your employer or a prescribed person. This is to ensure that those who are best placed to address any wrongdoing are given an opportunity to do so; or
- your disclosure relates to a failure of an ‘exceptionally serious nature’. Whistleblowing legislation does not define ‘exceptionally serious’. This would be for an employment tribunal or a court to determine on a case-by-case basis
Non-disclosure agreements
A provision in an agreement that prevents you from making a whistleblowing disclosure is not legally enforceable. These provisions can sometimes be found in confidentiality agreements called non-disclosure agreements (or NDAs).
Making your claim anonymously or confidentially
You may be able to report wrongdoing to your employer or a prescribed person anonymously, but it’s possible they won’t be able to take the issue further if you have not provided all the information they need.
You can also give your name but request confidentiality. It is best practice for the person or body you tell to make every effort to protect your identity. However, they are not required to do so.
How your whistleblowing report should be handled
You are allowed to be accompanied by a support person, such as another colleague or a union representative, if you want one.
Your employer or the prescribed person will listen to your concern and decide if any action is needed. You may be asked for further information.
You must say straight away if you do not want anyone else to know it was you who raised the concern.
You may not have a say in how your disclosure is dealt with.
Your employer or the prescribed person can keep you informed about the action they’ve taken, but they may not be able to give you much detail if they have to keep the confidence of other people.
If you make your disclosure to a prescribed person they cannot help you with your relationship with your employer, such as with any detriment you may have suffered (see ‘what protection is available’).
Your employer must not subject you to unfair treatment (known legally as detriment) or terminate your employment because you have a made a disclosure.
If you’re not satisfied with how your employer dealt with your concern
Tell someone else (for example a more senior member of staff) or a prescribed person or body if you believe your concern was not taken seriously or the wrongdoing is still going on.
What to do if you’re treated unfairly after whistleblowing
You can take a case to an employment tribunal if you’ve been treated unfairly or dismissed because you’ve blown the whistle.
You can get further information from the Advisory, Conciliation and Arbitration Service (Acas), Citizens’ Advice, the whistleblowing charity Protect or your trade union.
If you reported your concern anonymously, you may find it harder to argue that your unfair treatment was as a result of your whistleblowing.
You must raise any claim of detriment or unfair dismissal within 6 months of that act taking place or your employment ending.
You must notify Acas if you want to take your case to an employment tribunal.