What Is Whistleblowing?
Whistleblowing is the act of reporting wrongdoing or malpractice in the workplace. It is protected under the Employment Rights Act 1996, as amended by the Public Interest Disclosure Act 1998.
To be protected, a disclosure must be a qualifying disclosure made in the public interest. It must relate to one of the following:
- A criminal offence
- A breach of a legal obligation
- A miscarriage of justice
- A danger to the health or safety of any individual
- Damage to the environment
- The deliberate concealment of any of the above
From 6 April 2026, reporting sexual harassment at work is also explicitly a qualifying disclosure.
Do I need to prove the wrongdoing happened?
No. You need to have genuinely and reasonably believed it was happening or likely to happen, and that reporting it was in the public interest. You do not need to be right. You just need to have had reasonable grounds for your concern.
What is a Protected Disclosure?
A protected disclosure is a qualifying disclosure made to the right person or body in the right way. This includes disclosures to your employer, to a legal adviser, to a prescribed regulator such as the FCA or CQC or in certain circumstances to the wider public.
What is Detriment for Whistleblowing?
If your employer subjects you to any disadvantage because you have made a protected disclosure, this is a detriment. You do not need to have been dismissed to bring a claim. Demotion, exclusion, negative reviews and changes to your role can all constitute detriment.
What is Automatically Unfair Dismissal for Whistleblowing?
Dismissal connected to a protected disclosure is automatically unfair under the Employment Rights Act 1996. There is no qualifying period of employment required to bring this type of claim.
What is a Whistleblowing Detriment Claim?
A whistleblowing detriment claim is brought where an employee has suffered a disadvantage short of dismissal as a result of making a protected disclosure. Both types of claim can be pursued together where dismissal has followed a period of detriment.