Whistleblowing Solicitors

Whistleblowing at work is when an employee or worker raises a formal concern – either to a senior member of staff or to a relevant organisation – about wrongdoing they have witnessed in the workplace.

For a disclosure to be protected under UK law, the wrongdoing must be in the public interest, meaning it affects others beyond just the individual raising the concern, such as colleagues, clients, or the general public.

Under UK law, whistleblowing usually involves reporting wrongdoing that is in the public interest. This can include:

Generic examples (what the law covers):

• Illegal activity or criminal offences – e.g., fraud, theft, bribery, or corruption.
• Health and safety risks – e.g., unsafe working conditions that could harm employees or the public.
• Breaches of legal obligations – e.g., failing to comply with data protection or environmental laws.
• Financial misconduct or fraud – e.g., falsifying accounts or misleading investors.
• Cover-ups or attempts to conceal wrongdoing – e.g., altering records to hide mistakes or breaches.

Specific workplace examples:

• An employee notices that safety checks on machinery are being skipped and reports it to a regulator because workers could be seriously injured.
• A staff member discovers that company accounts are being falsified to reduce tax liability and raises the issue internally and with the relevant authority.

These examples show the type of serious issues that can qualify for legal protection under whistleblowing law, rather than minor workplace grievances or personal disputes.

Yes, there is: whistleblowing at work is covered in the Public Interest Disclosure Act 1998 (PIDA).

Under UK law, the Act protects workers who disclose information about malpractice at their workplace, or former workplace, provided certain conditions are met.

In the UK, a whistleblower is usually an employee or worker who raises a genuine concern about wrongdoing at work.

This protection applies to:

• Employees – anyone working under a contract of employment.
• Agency workers – temporary staff supplied through an agency.
• Trainees and apprentices – individuals undertaking work-based training.
• Certain self-employed contractors – if they work under a contract that makes them a “worker” under employment law.

To be considered a whistleblower, you must:

• Raise a concern in the public interest (something affecting others beyond just yourself).
• Reasonably believe the information is true at the time you disclose it.
• Make the disclosure to an appropriate person or body, either internally or to a prescribed external organisation.

Whistleblowing protection does not generally cover personal complaints about your own job or workplace disputes that do not involve wider wrongdoing. If you are involved in a personal dispute that you believe may escalate into a whistleblowing matter, our solicitors can help you distinguish between a grievance and a protected disclosure.

Raising a whistleblowing concern is an important step, but it’s essential to do it in a way that protects your rights and reduces the risk of retaliation. Here’s how you can raise your concern safely:

• Understand your employer’s whistleblowing policy: most employers have a formal whistleblowing policy in place. This will explain the procedure for raising concerns, who to approach, and how your disclosure will be handled.
• Report to the right person or body: in many cases, you’ll first need to raise the concern internally, to your manager, HR, or a designated whistleblowing officer. If that’s not possible or appropriate, you can report to an external authority, such as a regulatory body (e.g., the Health and Safety Executive for safety concerns).
• Document your concerns clearly: write down the specifics of the wrongdoing you’ve observed, including dates, times, and any evidence you have. Be as factual and precise as possible.
• Make the disclosure in good faith: Your concern must be made with a reasonable belief that it is in the public interest. While you no longer strictly need to act in ‘good faith’ to be protected, acting with malice can reduce potential compensation
• Know your rights: whistleblowers are protected from retaliation such as unfair dismissal or being treated unfairly at work. Familiarise yourself with these protections under the Public Interest Disclosure Act 1998 (PIDA).
• Seek legal advice if necessary: if you’re unsure about how to raise your concern or fear retaliation, it may be worth consulting a solicitor before making your disclosure. They can guide you through the process and ensure you’re fully protected.
• Consider anonymity carefully: while you can make an anonymous whistleblowing report in some cases, it may limit your ability to follow up or protect yourself from retaliation. A solicitor can help you decide whether anonymity is right for your case.

By following these steps, you can raise your concern safely as a whistleblower.

A protected disclosure is a concern about wrongdoing at work that meets certain legal criteria under UK whistleblowing law (PIDA). Not every complaint or grievance qualifies, so it’s important to understand what counts.

A protected disclosure usually involves:

• Criminal activity – e.g., theft, fraud, bribery, or other illegal acts.
• Health and safety risks – e.g., unsafe working conditions that could harm employees or the public.
• Environmental breaches – e.g., illegal disposal of waste or pollution.
• Miscarriages of justice or breaches of legal obligations – e.g., failing to follow data protection or employment laws.
• Cover-ups or attempts to conceal wrongdoing – e.g., falsifying records or hiding incidents.

What doesn’t usually count:

• Personal grievances or workplace disputes unrelated to wider wrongdoing.
• Complaints about your own pay, promotion, or workload (unless they reveal broader legal breaches).

To be protected, the disclosure must be made in the public interest, meaning it affects others beyond just yourself, such as colleagues, clients, or the general public.

If you raise a concern that qualifies as a protected disclosure, the law provides safeguards against unfair treatment, dismissal, or retaliation.

Yes, it is possible to raise a whistleblowing concern anonymously, but there are some important considerations.

Pros of remaining anonymous:

• Protects your identity from colleagues or management.
• Can reduce the risk of immediate retaliation or pressure.

Cons of remaining anonymous:

• It may limit the ability of your employer or a regulator to investigate your concern fully.
• You may be unable to provide additional information or clarify details if questions arise.
• While anonymity does not remove legal protection, it can make it harder to prove retaliation later if your employer does not know you made the disclosure.

Tips for anonymous reporting:

• Use formal channels such as a whistleblowing hotline or email address, if your employer provides one.
• Keep records of your disclosure and any evidence, even if submitted anonymously.
• Consider seeking legal advice before making an anonymous disclosure, so you can understand the potential limitations and protections.

While anonymity can provide some safety, many whistleblowers find that getting legal advice first ensures they are fully protected and supported throughout the process.

In the UK, whistleblowers are protected under the Public Interest Disclosure Act 1998 (PIDA). These protections are designed to prevent retaliation or unfair treatment after you raise a genuine concern about wrongdoing at work.

Key protections include:

• Protection from unfair dismissal: you cannot be legally dismissed for making a protected disclosure. If you are dismissed because you spoke up, it is automatically considered unfair.
• Protection from detriment: employers cannot treat you unfairly, demote you, reduce pay, exclude you from meetings, or impose other negative actions as a result of your whistleblowing.
• Right to bring a claim to an employment tribunal: if you face dismissal or detriment, you can bring a claim to an employment tribunal and seek compensation.
• Protection even if you have not been employed long: unlike many employment rights, whistleblowing protection applies regardless of how long you have worked for the employer.
• Protection for reasonable belief: even if the wrongdoing turns out not to have occurred, you are protected if you reasonably believed your disclosure was true at the time.

Additional points:

• Unlike standard unfair dismissal claims, compensation for whistleblowing is uncapped, meaning the tribunal can award significant sums based on your actual financial loss and injury to feelings.
• Protection extends to employees, agency workers, trainees, and some contractors.
• Legal advice is often recommended to ensure you raise the concern correctly and understand all protections available.

Raising a concern in line with these protections helps reduces the risk of retaliation. If you are unsure as to what protection you have and would like know before going ahead with your claim, please contact Harcourt Stirling Solicitors.

Yes, there are time limits if you want to bring a formal whistleblowing claim, such as to an employment tribunal.

• Employment tribunal claims: Generally, you must make a claim within three months minus one day of the last act of detriment or dismissal linked to your whistleblowing.
• Exceptions: In some cases, tribunals may allow a claim slightly later if there is a good reason for the delay, but this is not guaranteed.
• Internal reporting: There is no strict deadline for raising a concern internally with your employer. However, it’s best to do so as soon as possible after noticing wrongdoing, so the issue can be investigated promptly and evidence is easier to gather.

Keeping detailed records of your disclosure, communications, and any negative treatment can be vital if you later need to make a claim.

In the UK, it is illegal for an employer to dismiss you because you have made a protected whistleblowing disclosure. Such a dismissal is automatically considered unfair, regardless of how long you have worked for your employer.

However, while the law protects whistleblowers, there are some important points to keep in mind:

• Employers may sometimes try to disguise a dismissal as something unrelated to your whistleblowing. For example, they might claim poor performance or redundancy.
• To challenge this, you may need evidence linking the dismissal to your protected disclosure.
• Even if you are dismissed unfairly, you can bring a claim to an employment tribunal and potentially seek compensation.

If you suspect your job is at risk because of whistleblowing, it’s advisable to seek legal advice early. A solicitor can help you protect your rights and ensure any dismissal is challenged appropriately.

After you raise a whistleblowing concern, several steps usually follow to address the issue while protecting you as a whistleblower.

• Acknowledgement: your employer should acknowledge receipt of your concern and confirm that it will be taken seriously. Many organisations have formal procedures for whistleblowing disclosures.
• Investigation: the concern will typically be investigated by the employer or an appointed investigator. This may involve reviewing documents, interviewing staff, or seeking external advice.
• Keeping you informed: your employer should keep you updated on the progress of the investigation where possible. While confidentiality may limit some details, you should not be left completely in the dark.
• Outcome: after the investigation, the employer may take action to address the wrongdoing. This could include disciplinary action against those responsible, changes to policies, or reporting the matter to regulators if needed.
• Protection from retaliation: you are legally protected from unfair treatment, demotion, or dismissal as a result of raising a protected disclosure.
• Next steps if issues continue: if your concern is ignored, or you experience retaliation, you can seek legal advice. Options may include making a claim to an employment tribunal or raising the matter with an external regulator.

Keep detailed records of your disclosure, communications, and any subsequent treatment at work. This can be crucial if you need to take further action.

Yes. If you act quickly (within 7 days of your dismissal), you can apply for “Interim Relief.” If successful, the Employment Tribunal can order your employer to continue paying your salary and benefits until your case is fully decided.

Note that interim relief is available in limited whistleblowing dismissal cases and is granted only where the tribunal considers the claim is likely to succeed.

Harcourt Stirling Solicitors offers a free initial consultation to discuss whistleblowing. The initial consultation lasts up to 30 minutes.

It allows you to speak with an employment law specialist, learn about your options, and ask any questions you may have.

Harcourt Stirling Solicitors understand how difficult it can be to speak about sensitive and confidential employment matters during the normal working day – and so you can email us (or fill out the contact form) at anytime and we’ll do our best to respond to your enquiry.

You can give us a call at 020 3627 6074 from Monday to Friday 9:00 AM to 5:30 PM and one of our specialists will be happy to assist you.

Alternatively, you can fill out the contact form on our website and we’ll do our best to respond to your whistleblowing enquiry as soon as we can.

We understand that cost is a major consideration. Each matter will be weighed on its merits to determine which fee structure to apply to the individual client.

After taking your instructions and assessing your case, we will agree on one of the following funding methods with you:

• No Win, No Fee (CFA): for cases with strong merits, we may work under a Conditional Fee Agreement (CFA), meaning you do not pay legal fees unless your claim is successful.
• Fixed Fee: for specific tasks, we can work on a fixed fee basis to be agreed on engagement.
• Hourly Rates: for other matters, we apply our standard hourly rates as per our terms and conditions.

We will ensure you have a clear understanding of the applicable fees before we begin any work.