Whistleblowing Clause in UK Contracts: What It Means & Example Wording

When to Include a Whistleblowing Clause

• In every employment contract or employee handbook to encourage internal reporting and demonstrate a culture of compliance
• In contracts for workers in regulated sectors (financial services, healthcare, construction) where reporting requirements may be mandatory
• When the organisation wants to channel reports through a specific internal procedure before external reporting to regulators

Example Wording

This example wording is illustrative only. Customise it to your specific circumstances and consider seeking legal advice.

Is a Whistleblowing Clause Enforceable in the UK?

Whistleblowing protections are statutory and cannot be contracted out of. Under the Employment Rights Act 1996, dismissal for making a protected disclosure is automatically unfair (no qualifying period required), and any detriment short of dismissal is also unlawful. The disclosure must be a 'qualifying disclosure' (relating to one of the six categories of wrongdoing in section 43B) and made in the 'public interest'. Compensation for whistleblowing dismissal is uncapped. Since 2024, there are also protections against detriment by co-workers. NDAs and confidentiality clauses cannot prevent a worker from making a protected disclosure to a relevant regulator.

Common Mistakes

• Including gagging clauses (NDAs or settlement agreements) that purport to prevent whistleblowing — these are unenforceable to the extent they prevent protected disclosures, and including them can damage the organisation's reputation
• Failing to investigate whistleblowing reports properly — a failure to act on a report may expose the organisation to both regulatory and employment law risk
• Not training managers on how to handle whistleblowing disclosures — managers who react negatively to reports may create detriment claims