Whistleblowing for employees
What is a whistleblower
You’re a whistleblower if you’re a worker and you report certain types of wrongdoing. This will usually be something you’ve seen at work - though not always.
Reporting a wrongdoing is also known as making a ‘whistleblowing disclosure’ or ‘protected disclosure’.
The wrongdoing you disclose must be in the public interest. This means it must affect others, for example the general public.
As a whistleblower you’re protected by law - you should not be treated unfairly or lose your job because you ‘blow the whistle’.
You can raise your concern at any time about an incident that happened in the past, is happening now, or you believe will happen in the near future.
Who is protected by law
You’re protected if you’re a worker, for example you’re:
- an employee, such as a police officer, NHS employee, office worker, factory worker
- a trainee, such as a student nurse
- an agency worker
- a member of a Limited Liability Partnership (LLP)
Get independent advice if you’re not sure you’re protected, for example from Citizens’ Advice.
Confidentiality or gagging clauses
Confidentiality clauses or ‘gagging clauses’ (for example in an employment contract or settlement agreement) might try to prevent you from revealing information about your workplace. These are sometimes called non-disclosure agreements.
These clauses are not valid if:
- you’re a worker
- they try to prevent you from making a whistleblowing disclosure (sometimes known as a ‘protected disclosure’)
You might make this disclosure to a lawyer, your employer or a prescribed person or body.
A confidentiality clause within a settlement agreement could however still be valid if it’s trying to prevent you from making another kind of disclosure.
Talk to your legal adviser before you enter into a settlement agreement, or any other agreement that has a confidentiality clause, if you want to tell someone about wrongdoing.
Complaints that count as whistleblowing
You’re protected by law if you report any of the following:
- a criminal offence, for example fraud
- someone’s health and safety is in danger
- risk or actual damage to the environment
- a miscarriage of justice
- the company is breaking the law, for example does not have the right insurance
- you believe someone is covering up wrongdoing
Complaints that do not count as whistleblowing
Personal grievances (for example bullying, harassment, discrimination) are not covered by whistleblowing law, unless your particular case is in the public interest.
Report these under your employer’s grievance policy.
Contact the Advisory, Conciliation and Arbitration Service (Acas) for help and advice on resolving a workplace dispute.