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Whistleblowing for employees

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Contents

  1. What is a whistleblower
  2. Who to tell and what to expect
  3. If youre treated unfairly after whistleblowing

What is a whistleblower

Youre a whistleblower if youre a worker and you report certain types of wrongdoing. This will usually be something youve seen at work - though not always.

Reporting a wrongdoing is also known as making a whistleblowing disclosure or protected disclosure.

The wrongdoing you disclose must be in the public interest. This means it must affect others, for example the general public.

As a whistleblower youre protected by law - you should not be treated unfairly or lose your job because you blow the whistle.

You can raise your concern at any time about an incident that happened in the past, is happening now, or you believe will happen in the near future.

Who is protected by law

Youre protected if youre a worker, for example youre:

  • an employee, such as a police officer, NHS employee, office worker, factory worker
  • a trainee, such as a student nurse
  • an agency worker
  • a member of a Limited Liability Partnership (LLP)

Get independent advice if youre not sure youre protected, for example from Citizens Advice.

Confidentiality or gagging clauses

Confidentiality clauses or gagging clauses (for example in an employment contract or settlement agreement) might try to prevent you from revealing information about your workplace. These are sometimes called non-disclosure agreements.

These clauses are not valid if:

  • youre a worker
  • they try to prevent you from making a whistleblowing disclosure (sometimes known as a protected disclosure)

You might make this disclosure to a lawyer, your employer or a prescribed person or body.

A confidentiality clause within a settlement agreement could however still be valid if its trying to prevent you from making another kind of disclosure.

Talk to your legal adviser before you enter into a settlement agreement, or any other agreement that has a confidentiality clause, if you want to tell someone about wrongdoing.

Complaints that count as whistleblowing

Youre protected by law if you report any of the following:

  • a criminal offence, for example fraud
  • someones health and safety is in danger
  • risk or actual damage to the environment
  • a miscarriage of justice
  • the company is breaking the law, for example does not have the right insurance
  • you believe someone is covering up wrongdoing
  • sexual harassment

Complaints that do not count as whistleblowing

Personal grievances are not covered by whistleblowing law, unless your particular case is in the public interest.

Report these under your employers grievance policy.

Contact the Advisory, Conciliation and Arbitration Service (Acas) for help and advice on resolving a workplace dispute.

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