Whistleblowing at Work: Your Rights and Protections
Last updated: December 2025 Applies to: England, Wales and Scotland. Northern Ireland has equivalent legislation (Public Interest Disclosure (Northern Ireland) Order 1998).
Important: This guide provides information about UK employment law. It is not legal advice. Whistleblowing can be complex and high-stakes. If you're considering making a disclosure or have already done so and face problems at work, consider speaking to a solicitor, your trade union, or a specialist advice organisation.
The Short Answer
If you report certain types of wrongdoing at work, you're protected by law from being dismissed or treated badly because of it.
This protection comes from the Public Interest Disclosure Act 1998 (PIDA), which amended the Employment Rights Act 1996.
| Key Point | Detail |
|---|---|
| Who's protected | Workers, employees, agency workers, trainees, NHS practitioners, police |
| What's protected | Disclosing information about criminal offences, legal breaches, health and safety dangers, environmental damage, miscarriages of justice, cover-ups |
| Protection from | Unfair dismissal and detriment (being treated worse) |
| Qualifying period | None - protection from day one |
| Compensation | Uncapped |
| Key deadline | 7 days for interim relief applications |
What Counts as Whistleblowing
Whistleblowing means disclosing information that you reasonably believe shows wrongdoing. The legal term is a qualifying disclosure.
To be protected, your disclosure must relate to one of these six categories:
| Category | Examples |
|---|---|
| Criminal offence | Fraud, theft, bribery, tax evasion |
| Failure to comply with a legal obligation | Breaching health and safety law, ignoring regulatory requirements |
| Miscarriage of justice | Evidence being concealed in legal proceedings |
| Danger to health and safety | Unsafe working conditions, faulty equipment, inadequate training |
| Damage to the environment | Illegal dumping, pollution, breaching environmental permits |
| Deliberate cover-up | Concealing information about any of the above |
You must have a reasonable belief that the information you're disclosing tends to show one of these. You don't need to be right - you need to genuinely and reasonably believe it.
The disclosure must also be in the public interest. This means it must affect others beyond just you personally. A concern affecting colleagues, customers, patients, or the general public will usually meet this test.
What Doesn't Count
Personal grievances are not whistleblowing.
If your complaint is purely about how you've been treated - your pay, your hours, a personality clash with your manager, bullying directed only at you - that's a grievance, not a protected disclosure.
Use your employer's grievance procedure for personal complaints. ACAS has guidance on this.
However, if your personal situation reveals a wider problem affecting others (for example, you discover your underpayment is part of systematic minimum wage breaches affecting many workers), that could be whistleblowing.
The distinction matters because whistleblowing has stronger protections and uncapped compensation.
Who's Protected
Protection applies to workers, which is broader than just employees. You're covered if you're:
- An employee
- A worker (including zero-hours contracts)
- An agency worker
- An apprentice or trainee
- A student nurse or midwife
- An NHS practitioner (doctor, dentist, pharmacist, optician)
- A police officer
- A member of a Limited Liability Partnership
Protection starts from day one. No qualifying period.
You're also protected if you make a disclosure about a former employer, for example if they gave you a bad reference because you raised concerns while employed.
Who's NOT Protected
Some people fall outside the legal protection:
- Genuinely self-employed contractors (not workers)
- Volunteers without an enforceable contract
- Non-executive directors (in most cases)
- Members of the armed forces
- Intelligence services employees (MI5, MI6, GCHQ) for national security matters
- Solicitors or barristers disclosing legally privileged information
If you're unsure whether you're a worker, get advice. Employment status is a legal question that depends on the reality of your working relationship, not just what your contract says.
What Protection You Get
If you make a qualifying disclosure and follow the correct procedure, you're protected from:
Unfair Dismissal
If you're dismissed and the reason (or main reason) is that you made a protected disclosure, that's treated as automatically unfair dismissal under the law.
No qualifying period applies. You can claim from day one.
Compensation is uncapped. Unlike ordinary unfair dismissal (capped at £118,223), whistleblowing dismissal has no limit. Awards of £100,000+ are not unusual in serious cases.
Detriment
Detriment means being treated worse because of your disclosure. Examples:
- Having your hours cut
- Being passed over for promotion
- Facing disciplinary action
- Being excluded, isolated, or bullied
- Having training requests refused
- Being given unfavourable shifts or duties
You can bring a tribunal claim for detriment even if you haven't been dismissed.
Workers vs Employees
If you're an employee, you can claim both unfair dismissal and detriment.
If you're a worker but not an employee (for example, some agency workers), you can't claim unfair dismissal in the usual sense. But you may be able to argue that ending your engagement was itself a detriment. This area is legally complex - get advice.
Who To Tell
For your disclosure to be protected, you must make it to the right person in the right way.
1. Your Employer (Safest)
Disclosing to your employer is always protected if the disclosure is a qualifying one. This is the route the law encourages.
If your employer has a whistleblowing policy, follow it. Many policies name a specific person or offer a confidential hotline.
2. A Prescribed Person (Regulator)
You can disclose to a prescribed person - usually a regulator - if you reasonably believe:
- The concern falls within their remit
- The information is substantially true
This route is protected even if you haven't told your employer first.
Key regulators:
| Sector | Prescribed Person |
|---|---|
| Financial services | Financial Conduct Authority (FCA) |
| Health and safety | Health and Safety Executive (HSE) |
| Environment | Environment Agency |
| Tax fraud | HMRC |
| NHS / healthcare | Care Quality Commission (CQC) |
| Data protection | Information Commissioner's Office (ICO) |
| Fraud / serious crime | Serious Fraud Office (SFO) |
| Charity concerns | Charity Commission |
| Employment rights | Employment Agency Standards Inspectorate |
The full list of prescribed persons is published by the government and updated periodically.
3. Legal Adviser
Disclosing to a lawyer for the purpose of getting legal advice is always protected.
4. Wider Disclosure (Media, MPs, Public)
Disclosing to the media, an MP, or the public is only protected in limited circumstances. You must show:
- You reasonably believe the information is substantially true
- You're not acting for personal gain
- AND one of the following:
- You reasonably believe you'd face detriment if you disclosed to your employer or a prescribed person
- There's no relevant prescribed person and you reasonably believe evidence would be destroyed
- You've already disclosed to your employer or a prescribed person
- The matter is exceptionally serious
Wider disclosure is riskier. If you're considering going to the press, get legal advice first.
NDAs and Gagging Clauses
Non-disclosure agreements (NDAs), confidentiality clauses, and "gagging clauses" cannot prevent you from making a protected disclosure.
Any contract term that tries to stop you whistleblowing is void under section 43J of the Employment Rights Act 1996.
This applies to:
- Clauses in your employment contract
- Terms in a settlement agreement
- Standalone NDAs
If you signed a settlement agreement with confidentiality provisions, you may still be able to make a protected disclosure. The NDA should not legally prevent you from disclosing to your employer, a regulator, or a legal adviser.
If an employer tells you an NDA prevents you from reporting wrongdoing, that's likely incorrect. Get advice.
Compensation
Whistleblowing compensation is uncapped.
If you're dismissed for whistleblowing, a tribunal can award:
| Component | How It's Calculated |
|---|---|
| Basic award | Same as statutory redundancy: age × service × weekly pay (capped at £719/week, max 20 years) |
| Compensatory award | Actual financial losses - past and future. No cap. |
| Injury to feelings | If discrimination is also involved |
For detriment claims (short of dismissal), the tribunal awards what it considers just and equitable.
Bad Faith Reduction
If a tribunal finds you made the disclosure in bad faith (for example, primarily to harm your employer rather than in the public interest), it can reduce compensation by up to 25%.
This doesn't remove protection entirely - you're still protected even if your motives were mixed. But if bad faith is the dominant purpose, compensation may be reduced.
Time Limits
Standard Claims
You must contact ACAS for Early Conciliation within 3 months minus 1 day of:
- The date of dismissal, OR
- The date of the detriment
This is the same deadline as other tribunal claims.
Interim Relief - 7 Days
If you're an employee and you've been dismissed for whistleblowing, you can apply for interim relief.
Interim relief is an urgent application asking the tribunal to order your employer to keep paying you (or reinstate you) while your claim is decided. If granted, it prevents you suffering financial hardship during the months it takes to reach a full hearing.
You must apply within 7 days of your effective date of termination.
This is an extremely tight deadline. If you think you've been dismissed for whistleblowing, get legal advice immediately.
Coming Change
From October 2026, tribunal time limits are expected to extend to 6 months under the Employment Rights Act 2025. But the 7-day interim relief deadline is unlikely to change. And until October 2026, the 3-month deadline still applies.
Before You Blow the Whistle
If you're considering making a disclosure, preparation matters. Gathering evidence carefully, choosing the right disclosure route, and knowing your deadlines can make a significant difference to your protection.
Yerty's Whistleblowing Claims package can help you understand the steps and evidence you may need to consider. Learn more about our claims packages — create a free account to get started.
If You're Being Treated Badly After Whistleblowing
This week:
- Note every instance of poor treatment - dates, what happened, who was involved
- Check your dismissal date if dismissed and calculate deadlines
- If dismissed, consider interim relief - you have only 7 days
Within 2 weeks:
- Contact ACAS on 0300 123 1100 for guidance
- Seek legal advice - many solicitors offer free initial consultations for whistleblowing cases
- Contact your trade union if you're a member
- Consider contacting Protect (formerly Public Concern at Work) - an independent whistleblowing advice charity: 020 3117 2520
Don't delay. Whistleblowing cases can be complex, and the 7-day interim relief deadline is unforgiving.
How Yerty Can Help
For guidance on whistleblowing claims, including eligibility, evidence checklists, deadline information, and next steps, explore our Whistleblowing Claims package. Learn more about our claims packages — create a free account to get started.
For more on automatic unfair dismissal (including whistleblowing as a protected ground), see: Automatic Unfair Dismissal: When the 2-Year Rule Doesn't Apply.
Frequently Asked Questions
What's the difference between whistleblowing and a grievance?
Whistleblowing is reporting wrongdoing that affects others (public interest). A grievance is a complaint about how you've been treated personally. Whistleblowing has stronger legal protections and uncapped compensation.
Do I need evidence before I blow the whistle?
You need a reasonable belief that the information tends to show wrongdoing. You don't need proof. But having supporting evidence strengthens your position if things go wrong.
Can my employer stop me whistleblowing with an NDA?
No. Any contract term that tries to prevent a protected disclosure is void. NDAs should not prevent you from reporting to your employer, a regulator, or a lawyer.
Is whistleblowing compensation really uncapped?
Yes. Unlike ordinary unfair dismissal (capped at £118,223), compensation for whistleblowing dismissal has no limit. It's calculated based on actual losses.
What's interim relief?
An urgent tribunal application to keep you employed (or keep paying you) while your claim is heard. You must apply within 7 days of dismissal. It's only available for employees, not workers.
Can I be anonymous?
You can try to remain anonymous, but it may limit what your employer or a regulator can do with the information. If your concern leads to an investigation, your identity may become apparent. Discuss anonymity with whoever you're disclosing to.
Sources
Legislation:
- Public Interest Disclosure Act 1998: www.legislation.gov.uk/ukpga/1998/23/contents
- Employment Rights Act 1996, Part IVA (Protected Disclosures): www.legislation.gov.uk/ukpga/1996/18/part/IVA
- Employment Rights Act 2025: www.legislation.gov.uk
Official guidance:
- Gov.uk, Whistleblowing for employees: www.gov.uk/whistleblowing
- ACAS, Whistleblowing at work: www.acas.org.uk/whistleblowing
- Prescribed persons list: www.gov.uk/government/publications/blowing-the-whistle-list-of-prescribed-people-and-bodies--2
Support organisations:
- Protect (whistleblowing charity): www.protect-advice.org.uk
- WhistleblowersUK: www.wbuk.org