Whistleblowing at Work — How to Raise a Protected Disclosure

EmploymentFree guide Whistleblowing — formally called a "protected disclosure" — is when a worker reports certain kinds of wrongdoing at work. Done correctly, the law protects you from being treated badly or sacked for speaking up.

This guide explains what counts as a qualifying disclosure, who is protected, how to raise a disclosure properly, and what to do if your employer retaliates. It also includes a free template letter you can adapt.

What counts as whistleblowing?

Under the Public Interest Disclosure Act 1998 (PIDA), which amended the Employment Rights Act 1996, a "qualifying disclosure" is a disclosure of information that, in the reasonable belief of the worker, is made in the public interest and shows one or more of the following:

• a criminal offence has been, is being, or is likely to be committed;
• a person is in breach of any legal obligation;
• a miscarriage of justice has occurred, is occurring, or is likely to occur;
• the health or safety of a person is, has been, or is likely to be endangered;
• the environment has been, is being, or is likely to be damaged; or
• information tending to show any of the above has been, is being, or is likely to be deliberately concealed.

It's not enough that you feel something is unfair or that you disagree with a decision. The concern has to relate to one of these categories and you must reasonably believe it's in the public interest to raise it. Personal grievances (like a normal employment dispute over pay or workload) are generally dealt with under the normal grievance process rather than whistleblowing.

Who is protected?

PIDA protects "workers", which is broader than just employees. It generally covers employees, but also agency workers, some contractors, trainees, and others in a worker relationship. It does not generally protect purely freelance or self-employed people in all circumstances, though there is some protection for certain self-employed workers (e.g. in the NHS) under separate arrangements.

Protection can cover:

• being subjected to a detriment (e.g. bullying, demotion, denial of training, exclusion, or a warning) because you made a protected disclosure;
• being unfairly dismissed for making a protected disclosure (this is an automatically unfair reason for dismissal).

How to raise a disclosure — step by step

1. Check whether your employer has a whistleblowing policy

Many employers — especially larger ones and those in regulated sectors — have a formal whistleblowing or "speak up" policy. If yours does, follow it. It will usually tell you who to contact (e.g. a designated officer, HR, a line manager, or a more senior person) and what to expect. Following the policy helps both you and the employer.

2. Decide whether to raise it internally or externally

In many cases the right first step is to raise the concern internally — to your line manager, a senior manager, or the person named in your employer's policy. If that's not appropriate (e.g. the concern involves your manager or senior people, or you've already raised it internally and nothing has happened), you may raise it with a "prescribed person" — a regulator or body set out in the Public Interest Disclosure (Prescribed Persons) Order. Examples include the Health and Safety Executive (HSE), the Financial Conduct Authority (FCA), the Care Quality Commission (CQC), and others, depending on the subject matter.

3. Keep it factual and specific

A good disclosure is:

• factual — what happened, when, where, who was involved;
• specific — not vague or general unease;
• in writing — so there is a record;
• measured — not emotional, defamatory, or threatening.

4. Make the disclosure in the right way

You can make a disclosure verbally or in writing, but a written disclosure is much better evidence if things go wrong later. A written disclosure should:

• identify you and your role (unless you have good reason to raise it anonymously, which has implications — anonymous disclosures may not attract the same protection);
• describe the concern clearly and factually;
• state why you believe it is a qualifying disclosure and in the public interest;
• reference your employer's whistleblowing policy if there is one;
• ask for it to be investigated and for you to be protected from victimisation; and
• say how you'd like to be kept informed.

5. Keep a record

Keep copies of everything: your written disclosure, any response, notes of meetings, and any subsequent treatment. The record matters if you later need to prove that something happened because you blew the whistle.

What if my employer retaliates?

If you are treated badly after making a protected disclosure, that can be unlawful. Examples of detrimental treatment include:

• being sidelined, denied opportunities, or excluded;
• bullying or harassment;
• a warning or disciplinary action that is linked to the disclosure;
• dismissal or constructive dismissal.

If this happens:

• raise it formally — often as a separate grievance or a protected disclosure complaint;
• keep your records;
• get advice early — from a solicitor, ACAS (telephone 0300 123 1100), or a specialist employment adviser;
• be aware of time limits — employment tribunal claims generally need to be brought within three months (less one day) of the relevant act, though there are exceptions and the rules can be complex;
• do not resign in anger without advice if you think you may have a claim — the timing and fairness of a constructive dismissal claim can depend heavily on the facts.

Anonymous whistleblowing

You can raise a concern anonymously, and some prescribed persons accept anonymous disclosures. However, raising a concern anonymously can make it harder for the employer or regulator to investigate, and it may affect the protection available to you if you cannot be identified as the person who made the disclosure. If you want to stay anonymous, it's worth getting advice about the trade-offs first.

When whistleblowing is not the right route

A personal employment grievance — for example a dispute about your own pay, workload, a performance process, or a breakdown in your relationship with your manager — is usually dealt with under the employer's grievance procedure rather than as a whistleblowing disclosure. If the issue is mainly about you personally rather than a broader risk to the public or to others, the grievance route is often more appropriate.

If you're not sure, the safest approach is often to raise the concern clearly and factually, and let the employer (and, if necessary, a prescribed person) decide how to treat it, while you take advice about your own position.

Using the generator

Use the LawImNotSure generator to produce a first draft of your disclosure letter. It will prompt you for the key facts and produce a clear, written report you can review, edit, and send. Always review the output carefully — you are responsible for the accuracy of what you send, and the generator does not provide legal advice.