What protection do whistleblowers have?
In Great Britain, workers who make a protected disclosure are protected from detriment from the start of employment, and employees dismissed mainly for whistleblowing are automatically unfairly dismissed, with no qualifying period and uncapped compensation. Since 6 April 2026, disclosures about sexual harassment can qualify. Contract terms that try to stop protected disclosures are void.
What counts as a protected disclosure
The worker must reasonably believe the disclosure is in the public interest and tends to show one or more of these, past, present or likely:
- A criminal offence
- A failure to comply with a legal obligation
- A miscarriage of justice
- Danger to health or safety
- Sexual harassment
- Damage to the environment
- Deliberate concealment of any of the above
Who is protected and how
Protection covers workers, employees, agency workers and some others such as student nurses and certain NHS practitioners, and continues after employment ends. It generally does not cover the genuinely self-employed, volunteers or non-executive directors. Personal grievances are not covered unless the case is in the public interest.
Disclosures should go through appropriate channels: the employer, a legal adviser, or a prescribed person. Disclosures to the media or social media are protected only in limited circumstances.
What employers should do
GOV.UK says employers are not legally required to have a whistleblowing policy or to act on a disclosure, but it is good practice. Employers should act promptly, talk to the worker, allow a support person if wanted, keep the worker updated, keep disclosures confidential where requested, and must not subject them to detriment or dismiss them for the disclosure.
Non-disclosure agreements
A provision preventing a protected disclosure is void, including in a settlement agreement. Regulations to prevent the misuse of NDAs in harassment and discrimination cases are expected in September 2027, subject to Parliament.
The law
“that sexual harassment has occurred, is occurring or is likely to occur…”
“for the dismissal is that the employee made a protected disclosure…”
“is void in so far as it purports to preclude the worker from making a protected disclosure…”
Sources
- Whistleblowing guidance for employers · GOV.UK
- Whistleblowing for employees · GOV.UK
- The law - Whistleblowing at work · Acas
- Plan to Make Work Pay and Employment Rights Act: timeline update · GOV.UK
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
- Sexual harassment added as a category of qualifying disclosure
- Employment tribunal time limit increased from 3 to 6 months
- NDA misuse regulations expected (subject to Parliament)
Future dates are expected dates and depend on Parliament.
What employers can do
- Publish a clear whistleblowing policy with internal and external routes
- Train managers to recognise and respond to disclosures
- Acknowledge concerns promptly and keep the worker updated
- Protect confidentiality and make clear victimisation is unacceptable
- Check confidentiality clauses preserve the right to make protected disclosures
Recent tribunal decisions on this topic
Tribunal tracker- K.T.C (Edibles) Ltd Public interest disclosureRace discriminationUnfair dismissal Read the decision on GOV.UK
- Betsi Cadwaladr University Local Health Board Disability discriminationPublic interest disclosureUnfair dismissal Read the decision on GOV.UK
- TBG Flex Ltd Breach of contractPublic interest disclosureRace discrimination Read the decision on GOV.UK
Being listed does not mean a claim succeeded. Read the decision for the outcome; decisions can be reconsidered or appealed. If a listing concerns you, or a decision has since been anonymised or removed, tell us and we will review it and remove it where appropriate.
Related answers
- What makes a settlement agreement valid? To waive employment tribunal claims, a settlement agreement must be in writing, relate to particular complaints or proceedings, and follow advice to the employee from an insured, relevant independent adviser who is named in the agreement. It must also state that the statutory conditions are satisfied. A general 'full and final settlement' clause is not enough.
- How should employers handle a grievance? Employers should try to resolve concerns informally where appropriate. If a formal written grievance is raised, the Acas Code expects a meeting without unreasonable delay, the right to be accompanied, any necessary investigation, a written decision without unreasonable delay, and an appeal heard impartially by a manager not previously involved where possible.
- What does the duty to take all reasonable steps to prevent sexual harassment mean for employers? From 30 October 2026, employers in Great Britain must take all reasonable steps, not just reasonable steps, to prevent sexual harassment of their employees. The same date brings a new duty not to permit harassment of employees by third parties such as customers. What counts as reasonable depends on the employer's size, sector, working environment and resources.