Whistleblowing
Speaking up about wrongdoing at work takes courage, and the law recognises that whistleblowers can face serious consequences for doing the right thing. If you have raised a genuine concern and been penalised for it, specific legal protections may apply, regardless of how long you have worked for your employer.
What the law says
Whistleblower protection comes from the Public Interest Disclosure Act 1998, which inserted specific provisions into the Employment Rights Act 1996. It protects workers who make a protected disclosure, meaning a "qualifying disclosure" made in the right way. A qualifying disclosure is information which, in your reasonable belief, tends to show one of a defined list of matters: a criminal offence, a breach of a legal obligation, a miscarriage of justice, a danger to health and safety, damage to the environment, or the deliberate concealment of any of these, and which you reasonably believe is in the public interest.
Where a disclosure qualifies, the law gives you two related protections. Dismissal because you made a protected disclosure is automatically unfair, with no minimum length of service required, unlike an ordinary unfair dismissal claim. You are also protected from being subjected to a detriment, meaning unfavourable treatment short of dismissal, such as being overlooked for promotion, excluded, or disciplined because of the disclosure. A detriment claim can be brought whether or not you remain employed.
As with most tribunal claims, the usual time limit is three months less one day from the relevant act, with ACAS early conciliation required beforehand.
How RGF helps
We first assess whether what you raised meets the legal test for a qualifying disclosure, and whether it was made to the right person or body, since both matter to whether the protection applies at all. We then look at the treatment you have faced and whether it connects to the disclosure.
Because whistleblowing cases often unfold as a pattern of treatment rather than a single event, we help you build a clear timeline and identify the evidence that supports the link between your disclosure and what happened afterwards, then advise on and pursue a detriment or automatic unfair dismissal claim where appropriate.
What to do next
Speak to one of our solicitors to find out where you stand. We will explain your options in plain English before you decide what to do next.
Frequently asked questions
What counts as a protected disclosure?
A protected disclosure is a "qualifying disclosure" made in the way the law requires. A qualifying disclosure is information that, in your reasonable belief, tends to show wrongdoing in the public interest, such as a criminal offence, a breach of a legal obligation, a danger to health and safety, damage to the environment, or a cover-up of any of these. It generally needs to be made to an appropriate person, such as your employer or, in some cases, a prescribed regulator.
Do I need a minimum length of service to claim whistleblower protection?
No. Claims for automatic unfair dismissal or detriment because of whistleblowing do not require any minimum period of continuous employment, unlike ordinary unfair dismissal claims.
What is the difference between dismissal and detriment in whistleblowing cases?
Dismissal because you made a protected disclosure is automatically unfair. Detriment covers a wider range of poor treatment short of dismissal, such as being denied a promotion, excluded from meetings, or subjected to disciplinary action because you blew the whistle. You can bring a detriment claim whether or not your employment has ended.
How long do I have to bring a whistleblowing claim?
The usual time limit is three months less one day from the dismissal or the act of detriment complained of, and ACAS early conciliation is normally required first. Because whistleblowing cases often involve a pattern of treatment over time, working out the correct date to count from can be complicated, so early advice is worthwhile.