What is whistleblowing?

By David Coward

Whistleblowing is a term used when a worker reports a certain type of wrongdoing. Whistleblowing is important as the law provides protection for workers who report malpractices by their employers or third parties against any form of victimisation and protection against dismissal for employees for doing so.

To be covered by whistleblowing protection, the person who blows the whistle (referred to as a disclosure) must reasonably believe that they are acting in the public interest and that the disclosure tends to show past, present or likely future particular types of wrongdoing, such as criminal offences, failure to comply with the law and endangering someone’s health and safety. Whistleblowing also includes reports of covering up wrongdoing.

To be in the public interest, the action being reported must affect others, e.g. other workers, customers, or the general public. The report of an issue that is personal to only the person making the disclosure is unlikely to be in the public interest.

Protection against dismissal and victimisation only applies if the disclosure is made to the employer or other person responsible for the wrongdoing, and to certain other prescribed parties. The law does not provide protection for general disclosure, and although there can be disclosure to the media in limited circumstances, there must generally be a good reason, or it must be related to an exceptionally serious failure.

Employers need to be aware of and treat whistleblowing disclosures seriously and with care and, in particular, avoid treating workers worse than before or dismissing an employee because of the disclosure, as either could result in a successful Employment Tribunal claim being made.

For further information, please contact David Coward at Sampson Coward on 01722 410664 or This email address is being protected from spambots. You need JavaScript enabled to view it.

David Coward