Whistleblowing Protection
The Employment Rights Act 1996 Part IVA protects workers who make qualifying disclosures about wrongdoing. Dismissal for whistleblowing is automatically unfair with no qualifying service period and uncapped compensation.
Last updated: February 2025
None (day 1)
Qualifying service
Uncapped
Compensation cap
6 types
Categories of disclosure
What the Law Says
Part IVA of the Employment Rights Act 1996 (inserted by the Public Interest Disclosure Act 1998) protects workers who disclose information they reasonably believe shows criminal offences, breach of legal obligations, miscarriages of justice, health and safety dangers, environmental damage, or deliberate concealment of any of these. The disclosure must be in the public interest.
Your Obligations as an Employer
- Have a clear whistleblowing policy accessible to all staff
- Not subject whistleblowers to any detriment
- Investigate disclosures promptly and confidentially
- Train managers on handling whistleblowing disclosures
What to Include in Contracts
Include a reference to the company whistleblowing policy, confirm protection against retaliation, provide details of how to make a disclosure (internal and external routes), and note that gagging clauses cannot prevent protected disclosures.
View related contract templateCommon Mistakes
- Including gagging clauses in settlement agreements that purport to prevent whistleblowing
- Treating a whistleblower's disclosure as a grievance rather than a protected disclosure
- Subjecting the whistleblower to detriment such as exclusion or performance management
FAQ
Who counts as a worker for whistleblowing protection?
Protection extends beyond employees to include agency workers, trainees, NHS practitioners, police officers, and those on work experience. Importantly, job applicants are not currently protected, though the government has considered extending coverage.
Can a settlement agreement prevent whistleblowing?
No. Any term in a settlement agreement (or any other agreement) that prevents a worker from making a protected disclosure is void under s.43J ERA 1996. Confidentiality clauses must explicitly state they do not prevent protected disclosures.
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Get Started FreeThis is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.
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