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