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Most people have heard the word "whistleblower." But when it happens in your own business, the stakes feel very different. Knowing how to handle it, and how to protect everyone involved, matters more than you might think.
This guide covers what whistleblowing in the workplace is, what counts as a protected disclosure and what your responsibilities are as an employer.
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What is whistleblowing?
Whistleblowing is when a worker reports a wrongdoing that affects others, typically in the public interest. It might be something they've seen directly at work, but not always. Sometimes it might be something they've become aware of through their work.
It's not quite the same as raising a personal grievance or a complaint about how you've been treated. Whistleblowing is usually about broader concerns: illegal activity, safety risks, cover-ups, or harm to the public or the environment. That's what makes it distinct, and what makes it protected by law.
Put simply, whistleblowing is about doing the right thing, even when it's not easy.
What is a qualifying disclosure and what counts as one?
Reporting a wrongdoing is called a ‘whistleblowing disclosure’, ‘protected disclosure’ or sometimes a 'qualifying disclosure'.
For a disclosure to be legally protected, it needs to relate to one of the following:
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A criminal offence, such as fraud
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A miscarriage of justice
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A risk to someone's health and safety
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A company breaking the law
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A belief that wrongdoing is being covered up
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Risk or actual damage to the environment
Personal grievances such as bullying or harassment aren't considered whistleblowing, unless they're in the public interest. Usually, they'd need to follow a company grievance policy instead.
Examples of whistleblowing in the workplace
It can be helpful to see what whistleblowing actually looks like in practice. Here are some examples of situations that would typically count as a protected disclosure:
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A finance employee reports that their manager has been falsifying expense claims or manipulating financial records
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A care worker raises concerns that residents are being put at risk due to unsafe staffing levels
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A student nurse discloses that medication errors are being routinely covered up rather than reported
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An employee reports that their company is illegally dumping waste or breaching environmental regulations
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A police officer discloses that evidence has been tampered with or a miscarriage of justice has occurred
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A worker reports that their employer is operating without the right insurance or in breach of health and safety law
In each case, the concern goes beyond a personal dispute. It's about something that affects others, and that's what makes it a whistleblowing disclosure rather than a standard complaint.
Whistleblowing and employment law - the Public Interest Disclosure Act 1998 (PIDA)
The main piece of whistleblowing law in the UK is the Public Interest Disclosure Act 1998 (PIDA). It protects workers who make a protected disclosure from being treated unfairly or dismissed as a result.
Under PIDA, workers who raise qualifying disclosures and are subjected to detriment or unfair dismissal may be able to bring a claim at an employment tribunal.
For a disclosure to be protected, certain criteria need to be met, including:
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The worker must have a reasonable belief that the information they're disclosing is true, and the disclosure must be in the public interest.
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The disclosure should usually be made to a prescribed person or relevant external body, such as the Health and Safety Executive (HSE) for health and safety matters, or the Financial Conduct Authority (FCA) for financial irregularities.
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Disclosures reported to the media are rarely protected, unless there's no relevant external body or the original disclosure hasn't received an appropriate response.
While settlement agreements, NDAs and confidentiality clauses are commonly used to resolve workplace dispute, under PIDA, they can't prevent a worker from making a protected disclosure.
If a settlement agreement contains a clause that tries to do this, that clause won't be enforceable. Workers can't be silenced by a contract when it comes to genuine public interest disclosures.
PIDA applies to workers in Great Britain. If you operate in Northern Ireland, separate whistleblowing legislation applies, and it's worth seeking independent advice on the specifics.
Employment Rights Act changes from 2026
Sexual harassment becomes a qualifying disclosure
From 6 April 2026, reporting sexual harassment at work is formally considered a qualifying disclosure under whistleblowing law. This means workers who report sexual harassment are now protected from detriment and unfair dismissal in the same way as any other whistleblower.
This is a meaningful change. Previously, sexual harassment complaints were typically handled through grievance procedures, but they didn't carry the same whistleblowing protections.
NDAs that prevent whistleblowing on sexual harassment are void
Any agreement, including a non-disclosure agreement or confidentiality clause in a settlement agreement, that tries to prevent a worker from making a whistleblowing disclosure about sexual harassment will automatically be null and void from 6 April 2026.
This is a direct and significant shift. Employers can no longer use NDAs to silence workers who are raising public interest concerns about sexual harassment.
Interim relief is now available in these cases
Workers who are dismissed or subjected to detriment for making a whistleblowing disclosure about sexual harassment can now apply for interim relief at an employment tribunal. This means the tribunal can order the employer to maintain the worker's employment and continue paying them while the dispute is ongoing.
Employers must take all reasonable steps to prevent sexual harassment
From October 2026, the employer duty to prevent sexual harassment increases from "reasonable steps" to "all reasonable steps", a significantly higher standard than before.
Employers must prevent third-party sexual harassment
Also from October 2026, employers will face a new obligation to prevent harassment of their employees by third parties, such as clients, customers or contractors.
Taken together, all these changes mean employers need to be proactive, not reactive when it comes to sexual harassment in the workplace.
If you want a clearer picture of everything that's changing in 2026/27 and what you need to do about it, download our employment law changes ebook.
Who is legally protected by whistleblowing laws?
Whistleblowing protection under PIDA is broader than many employers realise. It covers all employees, contractors and workers (including agency workers),
It doesn't just apply to your permanent employees. If someone working for your business on any basis makes a protected disclosure, they may be legally protected.
Do you need a whistleblowing policy and what should it include?
Internal reporting is generally recommended as the first step in the whistleblowing process.
As an employer, having a clear and accessible whistleblowing policy in place isn't just good practice. It's a signal to your team that you take concerns seriously and that speaking up is safe.
A good whistleblowing policy should cover:
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A clear statement of how seriously the organisation takes whistleblowing disclosures and what investigations would follow
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The procedure for raising concerns, including who to contact (line manager, HR, or senior management if the concern involves the line manager)
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A commitment that disclosures will be treated in strict confidence
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An explanation of how disclosures will be investigated and concluded
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Reassurance that workers won't be penalised or treated unfairly for raising concerns
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Contact details for any relevant external bodies or prescribed persons
Given the 2026 changes, it's also worth making sure your whistleblowing policy explicitly references sexual harassment as a category of qualifying disclosure, and that it makes clear NDAs cannot be used to prevent protected disclosures.
What if a worker is treated unfairly after whistleblowing?
If a worker is dismissed for making a protected disclosure, it is considered automatically unfair dismissal. And if they're subjected to detriment after making a disclosure, they can also bring a claim at an employment tribunal.
here's no cap on compensation for whistleblowing-related unfair dismissal, which sets it apart from standard unfair dismissal claims.
Employment law in this area is complex, and each case needs to be assessed on a case by case basis. So if you're facing a whistleblowing situation or want to review your approach, again it's worth seeking independent advice from a qualified legal adviser or HR consultant.
Getting your approach right
Whistleblowing disclosures don't only happen in large organisations. Any worker, in any business, can raise a concern. And the consequences of handling it badly, from employment tribunal claims to reputational damage, can be significant for any employer.
Employment law in this area has real depth, and the 2026 changes add further layers that are worth getting your head around properly. But that doesn't mean you have to face it alone.
The best starting point is making sure you have a clear, up-to-date whistleblowing policy in place and a culture where people feel confident raising concerns. If you're unsure whether your current approach covers everything it needs to, an employment law expert or HR adviser can help you get it right.
Breathe makes it easy to store and share your company policies in one secure place, so your team always know where to find them. Learn more about Breathe's document management.
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