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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
Full glossary
Legal term
Employment Law

Whistleblowing

Protected disclosures under the Employment Rights Act 1996 (Part IVA). Workers who make qualifying disclosures about wrongdoing are protected from detriment and dismissal.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

A whistleblower is a worker who reports certain types of wrongdoing, usually something they have seen at work, in what is known as a 'whistleblowing disclosure' or 'protected disclosure'. To be protected, the wrongdoing disclosed must be in the public interest, meaning it must affect others such as the general public, rather than being a purely personal grievance; personal grievances are not covered unless the particular case is in the public interest. Protection extends to employees, trainees such as student nurses, agency workers, and members of a Limited Liability Partnership.

As a whistleblower, a worker is protected by law and should not be treated unfairly or lose their job because they 'blow the whistle' — being involved in whistleblowing is one of the reasons that makes a dismissal automatically unfair, and an employee does not need two years' service to bring such a claim. Confidentiality or 'gagging' clauses in an employment contract or settlement agreement cannot lawfully be used to stop a worker making a protected disclosure to a lawyer, their employer, or a prescribed person or body, although such a clause can still validly restrict other kinds of disclosure.

Example

Protected disclosures include reporting a criminal offence such as fraud, danger to someone's health and safety, damage to the environment, a miscarriage of justice, a company breaking the law, a cover-up of wrongdoing, or sexual harassment.

Related terms

Official sources

This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.