A protected disclosure (commonly referred to as whistleblowing) is when an employee or worker raises concerns about wrongdoing within their organisation. Whistleblowing is often confused with raising a grievance, but the two are very different and it is vital that employers can distinguish between them.

A grievance usually relates to a personal concern (for example, unfair treatment affecting one individual), whereas whistleblowing involves matters that are in the public interest and have wider implications.

What Counts as a Protected Disclosure?

To qualify for whistleblowing protection, the individual must reasonably believe that they are reporting wrongdoing that is in the public interest. This could include information about:

• A criminal offence
• A breach of a legal obligation
• A miscarriage of justice
• A danger to health and safety
• Damage to the environment
• A deliberate attempt to conceal wrongdoing relating to any of the above

The concern may relate to something happening now, something that has already happened, or something that is likely to happen in the future.

Whistleblower Protection

If someone makes a valid protected disclosure:

• They are legally protected from being dismissed, and
• They must not be subjected to detriment, such as bullying, disciplinary action, being denied opportunities, or being treated unfairly.

If an employee is dismissed because they blew the whistle, the dismissal is considered automatically unfair – meaning there is no minimum length of service required to bring a claim.

These protections apply whether the disclosure is made internally or, in certain circumstances, to an external prescribed body.

Who Should a Disclosure Be Made To?

In most cases, concerns should be raised with the employer first, usually through:

• The line manager
• HR team
• An internal whistleblowing or speak-up process

If internal reporting is not possible or appropriate, disclosures can be made directly to a prescribed person or body.
Examples include regulators such as the Health and Safety Executive, Financial Conduct Authority, or Care Quality Commission.

A full list of prescribed bodies can be found here:
https://www.gov.uk/government/publications/blowing-the-whistle-list-of-prescribed-people-and-bodies–2

How We Support Employers

We help employers to:

• Understand their duties under whistleblowing legislation
• Ensure internal reporting systems are clear, accessible and well-communicated
• Respond appropriately and sensitively to disclosures
• Conduct investigations fairly and confidentially
• Avoid treating disclosures as grievances when wider issues are raised
• Reduce the risk of retaliation, complaints and Tribunal claims

We also assist in drafting or updating Whistleblowing Policies that foster a culture of transparency and trust.

How We Support Employees and Workers

If you believe you have blown the whistle – or are considering doing so – we can help you to:

• Understand whether your disclosure is likely to be protected
• Raise concerns in a way that maximises legal protection
• Identify whether any treatment you have experienced may amount to detriment, discrimination or unfair dismissal
• Bring or defend claims in the Employment Tribunal if necessary

We provide confidential, supportive advice to help you take the right next step.

Get in Touch

If you are dealing with a whistleblowing issue – whether as an employer or an employee – we can help you navigate the situation safely and lawfully.

Contact us at enquiries@thrivelaw.co.uk to speak with one of our employment law specialists.

We are here to support you with clarity, confidence and care.