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Whistle Blowing

Whistleblowing Lawyers 

Whistleblowing can be a courageous act, but it also comes with significant risks. As a whistleblower, you may face retaliation, victimisation, or even dismissal from your job. Employers may try to discredit your reputation, isolate you from colleagues, or subject you to disciplinary action. 

At Lawhive, our network of experienced employment law solicitors is dedicated to providing expert support to whistleblowers who speak out against wrongdoing, misconduct, or illegal activities in their organisations. They are committed to protecting your rights and advocating for your interests. 

If you are considering blowing the whistle, or need legal help regarding a whistleblowing matter schedule a confidential case evaluation with our Legal Assessment Specialists to discuss your concerns and options in a safe and supportive environment. 

• What is whistleblowing?

• What legal protections do whistleblowers have in the UK?

• Who is protected by whistleblowing laws?

• What qualifies as whistleblowing under UK law? 

• Examples of whistleblowing

• What is the Public Interest Test?

• What should I consider before whistleblowing?

• What is whistleblowing detriment?

• What protections do I have if I whistleblow at work?

• Can I be dismissed for whistleblowing at work?

• How do I report wrongdoing or misconduct as a whistleblower?

• What should I do if I experience retaliation or victimisation for whistleblowing?

• Can I stay anonymous as a whistleblower?

• What legal remedies or compensation are available to whistleblowers?

• How can a solicitor help with whistleblowing?

What is whistleblowing? 

Whistleblowing is the act of disclosing information (making a disclosure) about wrongdoing, misconduct, or illegal activities in an organisation. 

There are different forms of whistleblowing including internal, external, and cyber whistleblowing.

What legal protections do whistleblowers have in the UK? 

In the UK, whistleblowers are protected by the Public Interest Disclosure Act 1998 and various other laws and regulations. These legal protections safeguard whistleblowers from retaliation, victimisation, or dismissal for making disclosures in the public interest. 

Who is protected by whistleblowing laws? 

The law protects employees and workers from retaliation, victimisation, or dismissal for whistleblowing. This includes freelancers, contracts, members of limited liability partnerships, and agency workers. 

What qualifies as whistleblowing under UK law? 

Whistleblowing involves disclosing information that you reasonably believe is in the public interest and relates to specific types of wrongdoing like: 

• Criminal offences 

• Breaches of legal obligations 

• Health and safety risks 

• Environmental damage 

• Financial misconduct 

Examples of whistleblowing 

• An employee finds evidence of accounting fraud, embezzlement, or bribery in the company and reports it to senior management or regulatory authorities. 

• A worker sees unsafe working conditions or violations of health and safety regulations and raises concerns with the appropriate authorities. 

• An employee becomes aware of improper waste disposal practices by the company and reports it to environmental agencies or watchdog organisations. 

• An employee witnesses discrimination, harassment, or bullying based on protected characteristics and brings it to the attention of HR. 

• A worker in a manufacturing company discovers defects in products being sold to consumers and raises the alarm. 

• An employee learns of a data breach in the company and reports it to the ICO. 

As you can see, whistleblowing incidents in the workplace can be diverse. If you have witnessed or experienced any similar situations and are considering blowing the whistle, speak to a solicitor today to better understand your rights and options. 

What is the Public Interest Test?

In whistleblowing cases, the Public Interest Test is used to assess whether disclosure is justified and serves the greater good of the public. The test asks: 

• Does the disclosed information involve significant wrongdoing or misconduct that poses a risk to the public, public funds, or the environment?

• Does the wrongdoing or misconduct affect a significant number of individuals, organizations, or the general public, rather than being limited to personal grievances?

• Does the disclosure contribute to preventing, detecting, or investigating criminal offences?

• Does the disclosure aim to protect the health, safety, or well-being of the public, including employees, consumers, or the wider community?

• Does the disclosure promote accountability, transparency, and ethical conduct within organizations or public institutions?

Answering these questions helps whistleblowers determine whether their concerns service the public interest and qualify for legal protections under the Public Interest Disclosure Act 1998. 

What should I consider before whistleblowing? 

If you are thinking of disclosing information that you believe to be in the public interest relating to wrongdoing, you should consider the potential risks and consequences involved. This includes the impact on your career, personal life, and legal rights, as well as identifying the appropriate channels for making disclosures and protecting your confidentiality. 

A whistleblowing lawyer can help you understand these risks and consequences, as well as inform you of your legal rights and what protections you can use to shield yourself from potential consequences or defend against actions against you. 

What is whistleblowing detriment? 

Whistleblowing detriment refers to unfavourable treatment or adverse actions a whisleblow may experience because of making a protected disclosure. This includes: 

• Being unfairly dismissed or terminated from employment

• Being demoted or having job responsibilities reduced 

• Facing unjustified disciplinary proceedings, warnings or reprimands

• Experiencing harassment, bullying at work, or victimisation from colleagues

• Being excluded from meetings, projects, or social interactions at work

• Facing unfair negative performance reviews or denial of opportunities 

• Experiencing changes to employment conditions, such as reduced hours, pay cuts, or loss of benefits. 

If a whistleblower experiences any form of detriment because of disclosure, they may have grounds for legal action under employment law. 

What protections do I have if I whistleblow at work? 

If you blow the whistle at work your employer can’t subject you to unfair treatment, unfair dismissal, or other forms of retaliation in response to your disclosures. These protections apply whether you are a current or former employee. 

Can I be dismissed for whistleblowing at work? 

Whistleblowers in the UK are protected from unfair dismissal as a result of making a protected disclosure under the Public Interest Disclosure Act 1998. However, it is not beyond the pale for employers to try to dismiss whistleblowers despite these legal protections.

If you are dismissed for whistleblowing, you may have grounds to make an unfair dismissal claim.

How do I report wrongdoing or misconduct as a whistleblower? 

You can report wrongdoing or misconduct internally through your employer's whistleblowing procedure or externally to regulatory authorities, the police, or the media. 

The Public Interest Disclosure Act encourages whistleblowers to raise their concerns internally before making external disclosures where appropriate.

What should I do if I experience retaliation or victimisation for whistleblowing? 

If you are subject to retaliation or victimisation for whistleblowing, you can try to resolve things directly with your employer first through an informal conversation. However, if this doesn’t work you can follow the grievance procedure outlined by your employer. 

If the outcome of the grievance procedure isn’t acceptable, you can start the early conciliation process and, if the matter is still unresolved, make a claim in the Employment Tribunal. 

In any case, for whistleblowing matters, it’s a good idea to seek legal advice from an employment lawyer with experience in these cases. They can help you understand your rights, assess your options, and take appropriate action to challenge any adverse actions or decisions, including claiming compensation for damages. 

Can I stay anonymous as a whistleblower? 

It is possible to make anonymous disclosures as a whistleblower but it can be challenging, particularly if legal action or investigations follow. 

If you are concerned about protecting your identity and confidentiality as a whistleblower, a solicitor can advise on the best approach for protecting your identity while making effective disclosures. 

What legal remedies or compensation are available to whistleblowers? 

Whistleblowers who suffer retaliation, victimisation, or other adverse consequences may be entitled to compensation through employment tribunals or civil litigation. Remedies may include reinstatement, compensation for loss of earnings, damages for injury to feelings, and other forms of relief.

How can a solicitor help with whistleblowing? 

A whistleblowing solicitor can provide legal advice, employment tribunal representation, and support throughout the whistleblowing process. They can help you understand your rights, assess the risks, develop strategies, make effective disclosures, challenge retaliation, and pursue remedies or compensation as needed. 

How can Lawhive help?

Whistleblowing laws empower people to do the right thing. However, while there are legal protections to protect whistleblowers, sometimes the backlash can still be deeply unpleasant, leading to significant changes in your personal and professional life. 

We firmly believe that if you feel compelled to disclose information about wrongdoing, misconduct, or illegal activities in an organisation, you should not be put off because of fear of the consequences. 

At Lawhive, our network of whistleblowing lawyers is on hand to fight your corner if you experience unfair treatment due to whistleblowing. Or, if you’re considering blowing the whistle, they can advise on the process and ways in which you can protect yourself moving forward. 

To learn more and connect with a specialist lawyer in as little as 24 hours, contact our Legal Assessment Team for a confidential consultation and case evaluation.