Whistleblowing in the workplace

Whistleblowing plays an important role in maintaining transparency and accountability within the workplace.  

It refers to situations where employees raise concerns about wrongdoing, illegal activity, or unsafe practices within an organisation. When handled properly, whistleblowing can help employers address issues early and protect both their workforce and their reputation.  

However, failing to manage these concerns appropriately can lead to serious consequences, including reputational damage, legal disputes, and financial penalties. In this guide we discuss what whistleblowing is and the process for investigating when a disclosure is made. Plus, how you can get help from HR experts to handle whistleblowing in your workplace.  

What is whistleblowing?  

The legal definition of whistleblowing is: 

'Making a disclosure in the public interest'. 

The act of “blowing the whistle” refers to a worker disclosing specific examples of wrongdoing in the workplace. This includes:  

• Criminal offences 

• Breaches of legal obligations 

• Health and safety dangers 

• Environmental damage 

• Miscarriages of justice 

• Or the concealment of such failures 

• Sexual harassment (From April 6th 2026) 

Whistleblowing is a protected activity and therefore only applies in certain circumstances. When making a disclosure of this kind, it must be done so for the interest of the public and not simply for personal gain.  

Changes to whistleblowing under the Employment Rights Act 2025  

Under the Employment Rights Act 2025, disclosure related to sexual harassment will qualify as a “protected disclosure” under whistleblowing laws.  

This is important to know, since this changes how employers must handle disclosures of sexual harassment in the workplace.  

Employers will therefore have to ensure the worker making the disclosure is protected from dismissal or any other type of detriment.  

If an employee is dismissed for making a claim of sexual harassment, under new whistleblowing protections this will immediately be considered an unfair dismissal. The new protections come into effect from 6th April 2026. 

Can anyone blow the whistle? 

Whistleblowers can include workers, employees, former employees, contractors, or other individuals with insider knowledge of potential wrongdoing. However, the term “whistleblower” has a specific legal meaning and only applies in certain circumstances where the disclosure meets the required criteria. 

Legal protections in place for whistleblowing 

PIDA in the UK stands for The Public Interest Disclosure Act which was introduced to protect workers from detrimental treatment or vicitimisation after raising a concern or “blowing the whistle on wrongdoing”.  

Under the Employment Rights Act 1996 and the Public Interest Disclosure Act 1998, cases of whistleblowing in the UK must be protected.  

Employers are responsible for the following: 

Maintaining the protection and confidentiality of whistleblowers 

Employers are legally required to prevent detrimental treatment of whistleblowers in the workplace. This includes examples such as reducing hours and not giving pay rises previously promised.  

Upholding internal procedures  

Internal whistleblowing procedures should be in place so that both employees and managers know what to do if a worker makes a disclosure.  

As HR experts, we recommend having a formal whistleblowing policy in place, though this is not a legal requirement.  

Providing training for managers and staff 

Taking precautionary steps to ensure your team knows what to do, even if you believe whistleblowing cases to be rare, prevents any negative fallout. HR training is the perfect solution and can be done digitally with the support of easy-to-follow e-learning courses.  

This training should educate your staff on important topics, such as:  

• What is whistleblowing  

• How to make a disclosure  

• The internal process for raising a concern  

• How managers should deal with whistleblowing in the workplace  

• The protections in place for whistleblowers  

Following thorough investigation procedures  

When a disclosure is made, employers are required to follow the correct procedures. Undertaking a thorough investigation and documenting this for records and reporting.  

The steps of an investigation are detailed below.  

Reporting on cases of whistleblowing for documentation  

Reporting all whistleblowing disclosures is essential. It ensures your company can report cases when required.  

Documentation includes keeping records of interviews, assessments, evidence, and outcomes.  

Conducting a whistleblowing investigation 

The length of a whistleblowing investigation typically follows a 20-day timeline over the working days of a business.  

As we have already mentioned, whistleblowing is serious. As such, the investigation is a strict, structured, and impartial process that requires thorough assessment and reporting processes.  

Step 1 – Acknowledge the disclosure  

Employers should listen to and respect the feelings of the whistleblower. Acknowledging their disclosure in a timely manner.  

Step 2 – Maintain confidentiality  

Ensure confidentiality of the whistleblower is maintained and that they are aware of the protections in place.  

Step 3 – Assess the disclosure  

Once you have acknowledged the disclosure, it’s important to assess it. To understand whether this is a “protected disclosure”.  

Has the employee raised a concern of a criminal offence or a risk to health and safety? If so, this claim is of public interest.  

Step 4 – Review all evidence thoroughly 

To conduct an impartial investigation, all evidence must be reviewed and documented. Further investigation may be required to determine the correct outcome. This may include gathering statements and conducting interviews.  

Some businesses choose to hire external investigators to guarantee an unbiased process.  

Step 5 – Complete the investigation report  

The completion of your investigation report will help provide evidence of a fair and thorough investigation. This report should include an overview of your findings and the reasonings behind the outcome of your investigation.  

Whistleblowing investigation reports should then be submitted to relevant parties. In cases where a regulatory body needs to be informed, such as the HSE for health and safety breaches, the report should be submitted to them for review.  

If a whistleblowing matter escalates to legal proceedings or an employment tribunal, the report will be used as evidence of how your organisation handled the case.  

Positive outcomes of whistleblowing  

Whistleblowing is not a process many choose to undertake lightly. In some instances, it has been a very difficult process for a worker to go through. However, by choosing to blow the whistle, the worker raises concerns over activities that could have potentially harmful effects.  

A lot of whistleblowers are those who feel they have a duty to protect or who have felt exposed to harmful acts of misconduct or internal failures.  

By raising the alarm and shining a light on the unlawful, unethical, or dangerous activities of an organisation, they contribute to improving workplace safety, culture and holding others accountable for their actions.  

Need help handling whistleblowing in the workplace?  

Want more information about whistleblowing or worried about a particular case in your workplace? Don’t worry, our team of expert HR advisors are available 24/7 to answer any of your queries.  

Discover 24/7 employment law advice with BrightAdvice by booking your free demo with the BrightHR team today.