Navigating UK whistleblowing law: answering the top 5 FAQs

1. What is whistleblowing law (UK)?

In the UK, individuals have a number of rights when it comes to whistleblowing, as long as certain criteria are met. Of particular importance to this is the Public Interest Disclosure Act (or PIDA for short).

This includes providing protection for workers reporting a concern about malpractice by their employers or third parties.

The PIDA resulted in two levels of protection for whistleblowers:

1. Unfair dismissal: Firstly, the dismissal of an employee is automatically unfair if the reason (or the principal reason) for their dismissal is that they have made a disclosure to their employer which is considered a “protected disclosure” under whistleblowing law (UK).

2. Protection against detriment: Secondly, PIDA protects workers from being subjected to any detriment, on the grounds that they have made a “protected disclosure”.

If an employer takes adverse action against a whistleblower, the individual may have grounds for legal recourse, including the right to seek reinstatement, compensation for losses incurred, and other remedies through an employment tribunal.

When it comes to claims against employers for a breach of whistleblowing laws in the UK, it’s important to note that there is no financial cap on compensation for the whistleblower and no requirement for the whistleblower to have a minimum period of service with the employer.

2. What are the whistleblower protections for charities and non-profits?

Whistleblowing can impact any industry. Unfortunately, wrongdoing can occur across any range of organisations, and this includes charities and non-profit organisations. With that in mind, it’s crucial that all organisations have a whistleblower policy in place. Members of a charity can report concerns to their employer, and if it fits within whistleblower protection laws, they will have legal protection to do so. If a whistleblower report is particularly serious, a whistleblower may report concerns to the police if they think a criminal offence has occurred, or to the Charity Commission.

These whistleblower reports can include things that have happened, things that are happening, or things that are likely to happen. While many whistleblower reports can be handled via the points of contact outlined in the whistleblower policy, there will be some instances where an individual will have the option to report to the Charity Commission. However, this would only be in a select number of circumstances, whereby issues could seriously harm:

• the people or group that the charity helps;

• the charity’s staff or volunteers;

• the services the charity provides;

• the charity’s assets; or

• the charity’s reputation.

3. What types of complaints count as whistleblowing under whistleblowing law (UK)?

Complaints relating to:

• a criminal offence, for example, fraud;

• someone’s health and safety is in danger;

• risk of or actual damage to the environment;

• a miscarriage of justice;

• the business breaking the law, for example, if the business does not have the right insurance; and

• the employee believing someone is covering up wrongdoing.

Personal grievances, such as bullying, harassment, or discrimination, are not covered by whistleblowing law unless your particular case is in the public interest. These complaints are usually covered under a grievance policy rather than a whistleblowing policy.

4. Who will not be protected by UK whistleblowing law?

UK whistleblowing law extends protection to a broad range of individuals, including employees, workers, agency staff, and even some self-employed individuals. The key criterion is that the whistleblower reasonably believes they are acting in the public interest when making the disclosure. Additionally, protection applies regardless of whether the disclosure is made internally to the employer or externally to a prescribed body, such as a regulatory authority.

While there are legal protections for whistleblowers, it’s not as simple as raising the alarm. To qualify for legal protection, whistleblowers will need to meet a series of criteria. When someone might not be protected by whistleblowing law (UK), is perhaps an easier question to answer:

1. Firstly, not all people within an organisation will be protected by whistleblower protection laws. If an individual is a volunteer, an intelligence officer, a member of the armed forces, or - in some scenarios - self-employed, they will not be protected by whistleblower law.

2. Secondly, reports need to pertain to very specific topics, and generally be made in the “public interest”. There may, for example, be some issues that don’t require the involvement of whistleblower law (UK), and instead are internal business issues that need to be handled via a different means.

3. Thirdly, a legitimate whistleblower report relies on the disclosure of information, rather than simply an allegation.

4. Finally, a whistleblowing policy will outline the correct organisation or person to raise a whistleblower report with. If the whistleblower fails to raise the whistleblower report with the right point of contact, it may result in a loss of their legal protections under the law.

5. How can Docue help?

With Docue, you can create a top-quality whistleblowing policy in minutes. The service includes model clauses designed by lawyers to help you draft the policy yourself and tailor it to your needs. The whistleblowing policy template also includes guidance notes drafted by lawyers to help you through the policy creation process.

Find out more about whistleblowing policies by reading this comprehensive guide.

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