What counts as whistleblowing?

Whistleblowing is when a worker reports wrongdoing at their workplace that is in the public interest. Under the Employment Rights Act 1996 (as amended by the Public Interest Disclosure Act 1998), a 'qualifying disclosure' must relate to one of six categories: a criminal offence, failure to comply with a legal obligation, a miscarriage of justice, danger to health and safety, environmental damage, or deliberate concealment of any of these. The disclosure must be made in good faith and you must reasonably believe it to be true.

Am I protected from being sacked for whistleblowing?

Yes — if you make a qualifying disclosure in the correct way (a 'protected disclosure'), you are protected from dismissal and detriment. If you're dismissed because of a protected disclosure, it is automatically unfair dismissal — regardless of how long you've worked there. There is no qualifying service period and no cap on compensation. You can also claim if you suffer any detriment short of dismissal (e.g. being overlooked for promotion, bullied, or given worse shifts).

Who should I report whistleblowing concerns to?

The safest route is to report to your employer first (internally), as this gives the strongest protection. If that's not appropriate (e.g. the concern involves your employer), you can report to a 'prescribed person' — these are regulators and bodies designated by the government, such as the HSE, CQC, FCA, HMRC, or the relevant industry regulator. You can also report to an MP, legal adviser, or in some cases the media — but protection for media disclosures is harder to establish.

Do whistleblowing rights apply to contractors and agency workers?

Yes — whistleblowing protection extends beyond traditional employees to include workers, agency workers, contractors, trainees, and even some volunteers. It covers almost anyone who works for or with an organisation. However, genuinely self-employed individuals (not workers) may have more limited protection. If you're unsure whether you're covered, take advice from ACAS, a trade union, or a solicitor.

Whistleblowing Rights UK — How Protected Disclosures Work | PocketWise

If you’ve witnessed wrongdoing at work, UK law protects you when you speak up. Here’s how whistleblowing protection works.

What Is Whistleblowing?

Element	Detail
Definition	Reporting certain types of wrongdoing at work that are in the public interest
Legislation	Employment Rights Act 1996 (Part IVA), as amended by the Public Interest Disclosure Act 1998
Key term	Protected disclosure — a qualifying disclosure made in the right way
Protection applies from	Day one of employment — no qualifying service period

What Counts as a Qualifying Disclosure

Your disclosure must relate to one of these six categories:

Category	Example
A criminal offence	Fraud, theft, bribery, tax evasion
Failure to comply with a legal obligation	Breach of contract, regulatory non-compliance, data protection breaches
A miscarriage of justice	Someone wrongly convicted or imprisoned
Danger to health and safety	Unsafe working conditions, ignoring safety regulations
Environmental damage	Illegal pollution, dumping waste
Deliberate concealment of any of the above	Covering up wrongdoing

What Is NOT Whistleblowing

Not covered	Why
Personal grievances (e.g. bullying, pay dispute)	Not in the public interest (use grievance procedure instead)
Breach of your own employment contract	Personal, not public interest
Disagreement with management decisions	Must relate to one of the six categories
Information covered by legal professional privilege	Solicitor-client communications are protected

How to Make a Protected Disclosure

To whom	Protection level	When to use
Your employer (internal)	Strongest	First step in most cases
A legal adviser	Strongest	If you need legal advice before reporting
A prescribed person (regulator)	Strong	If you reasonably believe the information is true and the concern falls within the prescribed person’s remit
A government minister (if Crown employee)	Strong	Government workers
Any other person (e.g. media, MP, police)	Conditional	Only if other routes are inappropriate AND the disclosure is reasonable in all the circumstances

List of Prescribed Persons (Key Examples)

Prescribed person	What they cover
Health and Safety Executive (HSE)	Workplace health and safety
Care Quality Commission (CQC)	Health and social care
Financial Conduct Authority (FCA)	Financial services misconduct
Prudential Regulation Authority (PRA)	Financial firm safety/soundness
HMRC	Tax fraud, money laundering
Environment Agency	Environmental damage
Information Commissioner’s Office (ICO)	Data protection breaches
Serious Fraud Office (SFO)	Serious fraud, bribery, corruption
Ofsted	Children’s education and care
Charity Commission	Charity misconduct
National Audit Office (NAO)	Public sector financial propriety

Full list at: gov.uk/government/publications/blowing-the-whistle-list-of-prescribed-people-and-bodies

Your Protection

Protection from Dismissal

Feature	Detail
Dismissal type	Automatically unfair if the reason (or principal reason) is the protected disclosure
Qualifying service	None required — protection from day one
Compensation cap	No cap — unlimited compensation
Who can claim	Employees, workers, agency workers
Time limit to claim	3 months minus 1 day from dismissal (after ACAS early conciliation)

Protection from Detriment

Detriment example	Protected?
Overlooked for promotion	Yes
Given worse shifts or duties	Yes
Bullied or harassed	Yes
Denied training or development	Yes
Disciplinary action as retaliation	Yes
Contract not renewed	Yes
Poor reference because of disclosure	Yes

Steps to Take

Step	Action
1	Keep evidence — save copies of emails, documents, and notes (be careful not to breach data protection)
2	Record dates and details — write down what you’ve seen, when, and who was involved
3	Check internal policy — your employer should have a whistleblowing policy
4	Consider getting legal advice first — this is also a protected disclosure
5	Report internally if appropriate (to manager, compliance officer, or via whistleblowing hotline)
6	If internal reporting isn’t appropriate, report to a prescribed person
7	Keep records of your disclosure and any response
8	If you face retaliation, document everything and take advice immediately

If Things Go Wrong

Issue	What to do
Employer ignores your concern	Report to the relevant prescribed person (regulator)
Retaliation or victimisation	Raise a formal grievance, then consider an employment tribunal claim
Dismissed	Contact ACAS for early conciliation, then file an employment tribunal claim
Don’t know who to report to	Contact Protect (whistleblowing charity): 020 3117 2520 or protect-advice.org.uk
Feel unsafe	If there’s an immediate risk to life or safety, call the police or HSE

Compensation at Employment Tribunal

Claim	What you can receive
Unfair dismissal (whistleblowing)	Unlimited compensation — basic award + compensatory award (no cap)
Detriment	Compensation for losses suffered
Injury to feelings	Vento bands: Lower £1,200–£11,700 / Middle £11,700–£35,200 / Upper £35,200–£58,700
Aggravated damages	In exceptional cases

Where to Get Advice

Organisation	What they do
Protect (formerly Public Concern at Work)	Free, confidential whistleblowing advice — protect-advice.org.uk
ACAS	Employment rights advice — 0300 123 1100
Citizens Advice	Free general advice
Trade union	Representation and support
Employment solicitor	Legal representation (many offer free initial advice)