Whistleblowing

This Overview outlines the protection in respect of whistleblowing given to workers under the Employment Rights Act 1996 (ERA 1996), as inserted by the Public Interest Disclosure Act 1998 (PIDA 1998). It considers what amounts to a protected disclosure, types of whistleblowing claims, who can bring a claim, defences and exceptions, remedies, the relationship with the contractual duty of confidentiality, proposals for change and the government’s whistleblowing Guidance and Code of Practice. The Overview also notes issues relating to non-disclosure agreements (NDAs) and confidentiality provisions in employment, corporate global whistleblowing policies, and Directive (EU) 2019/1937, the Whistleblowing Directive.

Workers who make 'protected disclosures' (colloquially referred to as ‘whistleblowing’) are protected from dismissal, selection for redundancy and from being subjected to a detriment, such as the refusal of a pay increase or promotion or other forms of victimisation, under provisions inserted into ERA 1996 by PIDA 1998, predominantly in ERA 1996, Pt IVA (sections 43A to 43L).

This legislation provides for a wide category of 'qualifying disclosures' relating to types of malpractice, and stipulates that to be a 'protected disclosure' the employee must make the

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Home Office revises all principal Sponsor Guidance documents

On 6 March 2026 the Home Office brought into force version 03/26 of the principal sponsor guidance documents within the ‘Workers and Temporary Workers: guidance for sponsors’ collection, together with consequential amendments to the route-specific guidance for Skilled Workers. The changes affect Part 1: Apply for a licence, Part 2: Sponsor a worker, Part 3 (compliance and enforcement), Appendix D (record-keeping guidance) and the ‘Sponsor a Skilled Worker’ guidance, and also see the introduction of a new standalone and expanded Glossary. There is now extensive cross-referencing across all documents to that centralised source of definitions. Across the suite of guidance, the concept of a ‘genuine vacancy’ or ‘genuine employment’ has been removed and replaced with the newly defined term ‘eligible role’. This definition, now embedded in the Glossary and incorporated expressly into the other guidance documents, requires that the role must exist or be reasonably anticipated, meet all route-specific requirements including skill level and salary thresholds, comply with wider employment legislation and remain appropriate to the sponsor’s business throughout the period of sponsorship. References to assessing whether a vacancy is ‘genuine’ have been systematically replaced with consideration of whether the work meets the definition of an ‘eligible role’ and refusal, suspension and revocation provisions have been redrafted accordingly.  Other changes include Parts 1 and 3 now making explicit that sponsorship is voluntary, that a licence is granted at the discretion of the Home Office and creates no enforceable right and now stating that enforcement action may be taken on the basis of ‘reasonable suspicion’ of non-compliance rather than established breach. Further details of the changes will follow.

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