What is whistleblowing?

When someone sees an unlawful situation at work, they may decide to 'blow the whistle' on it.

All employees have a legal right to raise concerns through whistleblowing. Failure to make changes or follow your legal obligation could lead to business closure and even imprisonment.

In this guide, we'll look at what whistleblowing is, what UK laws apply, and how employers should manage employees who raise concerns.

Whistleblowing is when someone reports a serious matter or act to the public sector.

A worker may raise a concern or qualifying disclosure because it involves illegal acts. Or a protected issue could lead to endangering the lives of your staff or the public.

As an employee you may 'blow the whistle' to help fix a work problem or reclaim social justice. Remember, whistleblowing can’t be used for personal gain. It's a complicated procedure that highlights illegal or protected concerns in your working practice.

There are so many scenarios that lead to whistleblowing. But staff can’t use it for normal complaints and concerns. Whistleblowing is only be used for ‘qualifying disclosures.’

A qualifying disclosure is an issue that is illegal under the law. There are six categories that define disclosing (under the Public Interest Disclosure Act 1998).

• Criminal offence: For example, human trafficking, financial corruption, or modern slavery.

• Breach of law or legal protection: For example, hiring foreign workers without the right documents.

• Miscarriage of justice: For example, firing someone for another person’s acts of gross misconduct.

• Health and safety issue: For example, illegal work conditions or safety risks.

• Damage to the environment: For example, illegal chemical disposal or damaging natural habitats.

• Deliberate concealment of information: For example, tamper records, falsify data, or disclose information wrongfully.

Workers can only report a protected disclosure (for public interest reasons) through reasonable grounds. Workers must be truthful in their submission, including their opinion and experience.

The UK law covers whistleblowing in the Public Interest Disclosure Act 1998 (or PIDA).

The law states employees can only 'blow the whistle' on qualifying disclosures. They must comply with three requirements:

• The whistleblower is a relevant person.

• The disclosure is true.

• The disclosure links to public interest.

As a whistleblower you cannot face any detriment or unfair treatment because you spoke out. You are protected by law and emp[loyers must not victimise, discriminate against or dismiss an employee for making a protected disclosure.

If as a whistleblower you are fired for raising your concerns then you could raise an unfair dismissal claim. Part-time, casual, and agency workers are protected (by law) from unfair dismissal.

To report a qualifying disclosure, workers need to meet certain circumstances. These include:

• Report to the right person: Inform the right person or authorities about the protected concern. This might be the employer or local governing body. (For example, raising a safety issue to the Health and Safety Executive or HSE).

• Include relevant information: Disclosing evidence isn't a legal duty for workers. Rather, they can present the disclosure and certain types of relevant information.

• Follow your procedures: The employer must take appropriate action. This might include making immediate workplace changes or initiating review assessments.

Remember, a disclosure cannot be raised for malicious reasons or personal gain. They're for raising awareness for the public interest.