Whistleblowing FAQs

FAQs on the act of whistleblowing explain the law surrounding whistleblowing and how employees can raise concerns in the public interest.

What is the act of whistleblowing?

Whistleblowing is when a worker reports wrongdoing, illegal activity, or serious misconduct within an organisation in the public interest.

Why is whistleblowing important?

Whistleblowing is important because it helps expose wrongdoing early, protects people from harm, and promotes transparency and accountability within organisations. It can prevent serious risks to public safety, health, finances, and legal compliance, and supports a culture where concerns are dealt with properly rather than ignored.

What type of law protects you when whistleblowing?

In the UK, whistleblowers are protected by employment law, specifically the Public Interest Disclosure Act 1998.

This law protects workers from unfair treatment or dismissal if they raise a genuine concern in the public interest.

What is the Whistleblower Protection Act?

In the UK, there is no law officially called the “Whistleblower Protection Act”. The legislation that provides whistleblowing protection is the Public Interest Disclosure Act 1998.

The Public Interest Disclosure Act protects workers from unfair treatment or dismissal when they report wrongdoing in the public interest, such as illegal activity, health and safety risks, or safeguarding failures.

What type of disclosures are protected by whistleblowing law?

Under the Public Interest Disclosure Act 1998, a disclosure is protected if it is made in the public interest and the worker reasonably believes it shows one or more of the following:

  • A criminal offence
  • Failure to comply with a legal obligation
  • A miscarriage of justice
  • A danger to health and safety
  • Damage to the environment
  • The deliberate cover-up of any of the above

“Public interest” means the concern affects other people or the wider public, not just the individual raising it. This is what separates whistleblowing from a personal grievance, such as a pay dispute or individual workplace disagreement.

What is not covered by whistleblowing?

Under the Public Interest Disclosure Act 1998, whistleblowing does not cover personal workplace grievances that only affect you and are not in the public interest.

This includes:

  • Pay disputes
  • Personal bullying or harassment (unless it affects others or public safety)
  • Workload or rota complaints
  • Performance management issues
  • Personality clashes with colleagues or managers

These types of issues should normally be raised through your organisation’s grievance procedure, not as whistleblowing.

Is reporting sexual harassment considered whistleblowing?

Reporting sexual harassment can be treated as whistleblowing where the report qualifies as a protected disclosure under whistleblowing law (for example, because it involves a breach of legal duty and the worker reasonably believes it is in the public interest). In those circumstances, the worker is protected from detriment or dismissal for making the report.

Can an NDA stop me from whistleblowing?

Under the Public Interest Disclosure Act 1998 (PIDA), an NDA cannot prevent whistleblowing.

Any clause that attempts to stop a protected disclosure is unenforceable, even if it appears in an employment contract or settlement agreement.

What is whistleblowing in safeguarding?

Whistleblowing in safeguarding is when a worker reports concerns about abuse, neglect, unsafe practice, or failures to protect children or vulnerable adults to keep people safe. It applies where safeguarding risks are being ignored, covered up, or mishandled, and the concern is raised in the public interest.

What is whistleblowing in care?

Whistleblowing in care is when a worker reports unsafe, abusive, illegal, or unethical practice in a care setting to protect service users and the wider public. This includes concerns about abuse or neglect, poor care standards, unsafe staffing, medication errors, fraud, or breaches of safeguarding.

What is whistleblowing in health and social care?

Whistleblowing in health and social care is when a worker raises a concern about unsafe practice, poor care, abuse, neglect, or illegal activity to protect patients, service users, and the public. This can include concerns about safeguarding failures, unsafe staffing, medication errors, patient safety risks, or fraud.

What is whistleblowing in childcare?

Whistleblowing in childcare is when a worker reports unsafe practice, safeguarding failures, abuse, neglect, or illegal activity in a childcare setting to protect children and the public. This includes concerns about poor supervision, unsafe environments, breaches of safeguarding procedures, or staff misconduct.

Which FCA principle for business is most relevant to whistleblowing?

The FCA principle for business most relevant to whistleblowing is Principle 11 – “Relations with regulators”.

Set by the Financial Conduct Authority, Principle 11 requires firms to deal with regulators in an open and cooperative way and disclose anything the FCA would reasonably expect notice of. This directly supports effective whistleblowing by ensuring concerns are escalated properly and not concealed.

How do I whistleblow?

To whistleblow you should:

  1. Raise your concern internally first – follow your organisation’s whistleblowing policy or report it to a manager, HR, or a designated whistleblowing contact.
  2. Keep clear records – note what happened, when, who was involved, and any evidence.
  3. Use an external body if needed – if internal reporting isn’t appropriate or hasn’t worked, you can report to a prescribed regulator (such as a health, safety, or financial regulator).
  4. Know your rights – you are legally protected when you speak up in the public interest under the Public Interest Disclosure Act 1998.

You do not need proof to whistleblow. A reasonable belief that wrongdoing has occurred is enough.

Is whistleblowing anonymous?

Whistleblowing can be anonymous, but it doesn’t have to be.

Many organisations and regulators accept anonymous reports, although it can be harder to investigate without being able to contact the whistleblower. You are also legally protected even if you do give your name if your disclosure meets the conditions of the Public Interest Disclosure Act 1998.

You do not need to be anonymous to be protected.

Do you need evidence to whistleblow?

No, you do not need evidence to whistleblow.

Under the Public Interest Disclosure Act 1998, you are protected if you reasonably believe the information is true and you are raising the concern in the public interest. Evidence can help an investigation, but it is not a legal requirement.

How do you prove whistleblowing?

It is not a legal requirement to have proof before whistleblowing, but evidence will support an investigation.

To be legally protected you must be able to show that:

  • You made a protected disclosure – meaning you raised a concern about wrongdoing in the public interest
  • You had a reasonable belief that the information was true
  • You raised it through an appropriate channel (internally or to a prescribed regulator)

Under the Public Interest Disclosure Act 1998, evidence is usually shown through:

  • Records of your report (emails, letters, hotline submissions)
  • Dates and details of what you disclosed
  • Who you disclosed it to
  • Any response or treatment you received afterwards

You do not need evidence that the wrongdoing occurred, only that your belief was reasonable and made in the public interest.

Who are prescribed persons for whistleblowing disclosures?

Prescribed persons are regulators and public bodies named in law to whom workers can report concerns externally and still receive whistleblowing protection.

They are set out in the Public Interest Disclosure (Prescribed Persons) Order 2014. To be protected, you must reasonably believe the information is substantially true and relevant to that body’s remit.

Common examples include:

  • HM Revenue & Customs – tax fraud, National Minimum Wage
  • Financial Conduct Authority – financial misconduct
  • Health and Safety Executive – workplace health and safety
  • Ofsted – education and childcare standards
  • Care Quality Commission – health and social care services

Reporting to the right prescribed person for the issue helps ensure your disclosure is protected under whistleblowing law.

Does my employer have a legal duty to investigate a whistleblowing concern?

UK whistleblowing law (the Public Interest Disclosure Act 1998) does not create a standalone, express duty to investigate. However, employers are expected to take reasonable steps to address concerns once a protected disclosure is made.

Failing to investigate, or ignoring a concern, can:

  • amount to detriment to the whistleblower, and
  • be relied on as evidence in an employment tribunal claim.

What feedback am I entitled to receive after raising a whistleblowing concern?

Under UK whistleblowing law (the Public Interest Disclosure Act 1998):

  • your employer should acknowledge your concern and tell you whether it has been considered
  • you may be told whether the concern was upheld and what broad action was taken (for example, policy changes or further investigation)

However, you are not entitled to:

  • confidential disciplinary details about other individuals, or
  • full investigation reports, where this would breach privacy or confidentiality.

What happens if a whistleblower is wrong?

If a whistleblower is wrong, they are still legally protected if they reasonably believed the information was true and acted in the public interest.

Under the Public Interest Disclosure Act 1998, protection does not depend on the concern being proven correct. However, if someone knowingly makes a false or malicious allegation, they may lose protection and could face disciplinary action.

What are the risks of whistleblowing?

The main risks of whistleblowing can include:

  • Strained workplace relationships or isolation
  • Retaliation, such as unfair treatment or being sidelined
  • Stress and anxiety during investigations
  • Career impact, especially if the process is poorly handled
  • Legal risk if a disclosure is made maliciously or outside proper channels

In the UK, these risks are reduced by legal protection under the Public Interest Disclosure Act 1998, which protects workers from unfair treatment for raising genuine concerns.

Can I be fired for whistleblowing?

No, in the UK, you cannot legally be fired for whistleblowing if your disclosure is protected.

Under the Public Interest Disclosure Act 1998, it is automatically unfair dismissal to sack someone for raising a genuine concern in the public interest. If this happens, you can take legal action through an employment tribunal.

What counts as detriment or retaliation against a whistleblower?

Detriment or retaliation is any unfair treatment suffered because you raised a protected whistleblowing disclosure. It can include:

  • being sacked or selected for redundancy,
  • bullying, harassment, or intimidation,
  • being denied promotion, training, or bonuses,
  • unfair disciplinary action or poor performance reviews,
  • being excluded from meetings or work opportunities,
  • having duties changed, reduced, or removed without justification,
  • damage to your reputation or career prospects.

Under the Public Interest Disclosure Act 1998, employers must not subject a whistleblower to any detriment for making a protected disclosure, whether the action is obvious or subtle.

What is interim relief and how do I apply for it?

Interim relief is an urgent legal remedy that can protect a whistleblower’s income after dismissal.

If you are dismissed for whistleblowing, you can apply to an employment tribunal for interim relief. If granted, the tribunal can order your employer to:

  • reinstate you, or
  • continue paying your salary and benefits until your full tribunal case is decided.

How to apply:

  • You must apply within 7 days of dismissal (this deadline is strict).
  • The tribunal will hold a fast-tracked hearing to decide whether your dismissal is likely to have been because of whistleblowing.

Interim relief is available under the Public Interest Disclosure Act 1998 and is one of the strongest protections available to whistleblowers.

Can I be sued for defamation if I blow the whistle?

Under the Public Interest Disclosure Act 1998 (PIDA), if you make a protected disclosure, you have a statutory defence against claims such as defamation or breach of confidentiality.

This protection applies as long as:

  • the disclosure meets the legal tests (for example, it’s about wrongdoing and you reasonably believe it’s in the public interest), and
  • you raise it through appropriate channels (such as your employer or a prescribed person).

If a disclosure is malicious or knowingly false, that protection may not apply.

Can I get a reward for whistleblowing in the UK?

Under current law, whistleblowers are protected from detriment or dismissal, but they are not paid for reporting wrongdoing.

What is a whistleblowing policy?

A whistleblowing policy is a formal document that explains how workers can raise concerns about wrongdoing safely and confidentially, and how the organisation will investigate and respond.

A whistleblowing policy supports protections under the Public Interest Disclosure Act 1998, helping ensure people can speak up in the public interest without fear of unfair treatment or dismissal.

Should a firm have a formal whistleblowing policy?

Yes, a firm should have a formal whistleblowing policy.

While not explicitly named as a standalone legal requirement, a clear policy is best practice and strongly supports compliance with the Public Interest Disclosure Act 1998. It helps staff understand how to raise concerns safely, protects the organisation legally, and promotes a culture of transparency and accountability.