Whistleblowing is an essential legal process for exposing misconduct and upholding integrity within the workplace, while serving the wider public interest by preventing harmful and unlawful activity.
While the legal framework for whistleblowing protection was established in the Employment Rights Act 1996, via amendments made by the Public Interest Disclosure Act 1998 (PIDA), recent reforms have reshaped aspects of that regime, meaning both employers and workers need to stay alert to the updated requirements. In this article, we will examine the scope of statutory protection for whistleblowing under the Employment Rights Act 1996 and who is covered by these safeguards, before exploring the impact of recent legislative changes.
What Is Whistleblowing in Employment Law?
In UK employment law, whistleblowing is the process of reporting wrongdoing in the workplace that affects the public interest and may involve unlawful or harmful conduct. This process is governed by the Employment Rights Act 1996, which safeguards workers who make a ‘protected disclosure’ about specified categories of wrongdoing.
There are six categories of wrongdoing that can qualify as a protected disclosure, including:
- Criminal offences: Situations where an employer or employee is involved in criminal conduct, such as fraud, bribery, theft or corruption.
- Failure to comply with legal obligations: Breaches of statutory or regulatory duties, including disregarding health and safety regulations, employment law obligations or codes of practice within their industry.
- Miscarriages of justice: Circumstances suggesting that a legal process has produced an unjust outcome, such as a wrongful conviction or serious procedural unfairness.
- Danger to health or safety: Risks posed to employees, customers or the public, such as unsafe working conditions or failure to follow safety protocols.
- Damage to the environment: Actual or potential harm to the environment, including pollution, illegal dumping or breaching environmental permits.
- Concealment of any of the above: Deliberate attempts to hide wrongdoing that falls within any of the previous categories.
What Constitutes Whistleblowing?
Despite UK employment law recognising and protecting whistleblowers, not every complaint against an employer or organisation will qualify for these protections. For disclosures to be protected under the Employment Rights Act 1996, they must satisfy the following three elements:
- Disclosure of information: The complainant must provide factual evidence, rather than merely expressing a grievance or making vague allegations.
- Specified wrongdoing: The disclosure must tend to show one or more of the categories of wrongdoing prescribed by the Act.
- Public interest: The complainant must reasonably believe that the disclosure is made in the public interest, rather than for personal reasons.
These statutory elements have since been clarified by the courts, particularly in relation to the scope of the public interest requirement. In the case of Chesterton Global Ltd (t/a Chestertons) v Nurmohamed, [2017] EWCA Civ 979, the Court of Appeal confirmed that a disclosure may still satisfy the public interest even where the worker has a personal interest in raising the complaint, provided the disclosure also engages with wider public concerns. In its final judgement, the court emphasised that tribunals should consider the specific context of the wrongdoing, including factors such as:
- The number of people affected
- The seriousness of the wrongdoing
- The nature of the impacted interests
- Whether the disclosure serves a broader public purpose
Who Is Protected by Whistleblowing Law?
Provided a qualifying disclosure is made, most people are protected under employment law when whistleblowing on their employer or organisations. These protections extend to:
- Employees: Anyone working under a contract of employment, whether permanent or temporary.
- Trainees: Individuals undergoing training where they are exposed to workplace practices.
- Agency workers: Employees who are supplied by an agency to work under the supervision of a hirer.
- Members of Limited Liability Partnerships (LLP): Partners within an LLP who are making disclosures about wrongdoing within the partnership.
The law is designed to encourage workers to report wrongdoing without fear of retaliation by protecting whistleblowers against detriment, dismissal and other forms of victimisation arising from their disclosure. Without these protections, workers may remain silent about unsafe, unlawful or unethical conduct, allowing such issues to go undetected within organisations.
How Has Whistleblowing Law Changed?
On December 18th 2025, the Employment Rights Act 2025 received Royal Assent, introducing a series of changes to employment law with phased implementation throughout 2026-27. Among the reforms that came into force in the first week of April 2026 are new provisions within the whistleblowing framework, including the recognition of sexual harassment as a matter that falls within the scope of protected disclosures.
As of April 6th 2026, sexual harassment has been added as a category of concern capable of being raised through whistleblowing channels. This means workers are now able to rely on whistleblowing protections when reporting that sexual harassment has occurred, is occurring, or is likely to occur.
These reforms reflect a broader policy shift towards taking accountability within the workplace, developing the existing duty on employers to prevent sexual harassment while placing greater emphasis on proactive prevention rather than reacting only after misconduct has occurred. Employers are expected not only to maintain written policies, but to implement practical measures to identify risks, respond to complaints and prevent recurrence.
Practical Advice for Whistleblowing in the Workplace
For whistleblowing procedures to work effectively, it is important that employers and workers understand their responsibilities. While employers should establish clear reporting procedures and confidentiality protections to support lawful whistleblowing in the workplace, workers need to ensure that their concerns are not purely personal and are aligned with one of the statutory frameworks outlined in the Employment Rights Act 1996. We recommend that employers and workers follow the advice below so that their concerns are raised, handled and resolved in accordance with the law.
Advice for employers
Whistleblowing should be treated as a governance and compliance issue, rather than an HR issue, so it is important for employers to provide appropriate guidance to their employees and protect them from retaliation. As an employer, you should implement the following measures to facilitate whistleblowing in your workplace:
- Establish a clear whistleblowing policy
- Ensure workers know how to report their concerns
- Provide confidentiality protections where appropriate
- Investigate disclosures promptly and fairly
- Train managers to recognise protected disclosures
- Prevent retaliation against workers who raise concerns
Advice for workers
As mentioned previously, not every complaint against an employer or organisation qualifies for whistleblowing protections, and workers should be aware that reporting on personal grievances about pay, hours, or treatment may fall outside the statutory requirements. Before you decide to raise a concern, you should ensure that your complaint adheres to the following criteria:
- The concern should be specific and factual
- The issue should involve one of the statutory categories
- The disclosure should be made in a way that fits the statutory framework
Legal Advice from Experts in Whistleblowing Law
At Newtons Solicitors, we have decades of experience supporting workers and employers alike through the whistleblowing process, advising employees on the correct procedure for voicing their concerns and representing both parties during investigations and employment tribunal proceedings. For more information on whether your complaint qualifies for whistleblowing protections, or for guidance on how the recent reforms may affect your business or employment dispute, please contact us today to speak with one of our employment law specialists.