FAQs on the act of whistleblowing explain the law surrounding whistleblowing and how employees can raise concerns in the public interest.
Whistleblowing is when a worker reports wrongdoing, illegal activity, or serious misconduct within an organisation in the public interest.
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.
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.
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.
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:
“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.
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:
These types of issues should normally be raised through your organisation’s grievance procedure, not as 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.
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.
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.
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.
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.
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.
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.
To whistleblow you should:
You do not need proof to whistleblow. A reasonable belief that wrongdoing has occurred is enough.
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.
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.
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:
Under the Public Interest Disclosure Act 1998, evidence is usually shown through:
You do not need evidence that the wrongdoing occurred, only that your belief was reasonable and made in the public interest.
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:
Reporting to the right prescribed person for the issue helps ensure your disclosure is protected under whistleblowing law.
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:
Under UK whistleblowing law (the Public Interest Disclosure Act 1998):
However, you are not entitled to:
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.
The main risks of whistleblowing can include:
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.
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.
Detriment or retaliation is any unfair treatment suffered because you raised a protected whistleblowing disclosure. It can include:
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.
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:
How to apply:
Interim relief is available under the Public Interest Disclosure Act 1998 and is one of the strongest protections available to whistleblowers.
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:
If a disclosure is malicious or knowingly false, that protection may not apply.
Under current law, whistleblowers are protected from detriment or dismissal, but they are not paid for reporting wrongdoing.
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.
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.