Rights & Protections Afforded to Whistleblowers

What protections are in place for whistleblowers? 

A whistleblower cannot be dismissed for making a “protected disclosure” i.e reporting on misconduct, or any other breach of legal or regulatory obligations within their firm. Employees are automatically protected from dismissal and both employees and non-employees are protected from any form of detrimental treatment resulting from their protected disclosure, such as victimisation or harassment. 

Who is protected by whistleblowing legislation? 

Whistleblowing legislation and the protections it provides are not just available to the employees of a firm. LLP members, agency workers, freelancers and judicial office-holders are also covered. It’s important to note that a whistleblowing claim can be made from one’s first day of service at a firm. In other words, protection is a “day one right” that is not affected by probationary status.

What types of disclosures tend to fall under ‘public interest’? 

The types of disclosures that are seen to be within the public interest tend to fall under the following categories according to section 43B of the 1996 Employment Rights Act: 

• Criminal offence
• Failure to comply with a legal obligation
• Miscarriage of justice
• Health and safety
• Damage to the environment; or
• Deliberate concealment of information relating to any of the above

How do UK regulators protect whistleblower anonymity? 

The legal framework around disclosure, and regulators such as the FCA, have been clear that the confidentiality of a whistleblower is of the utmost importance. Reassurance from the FCA has included the promise that they will not confirm the existence of a whistleblower within an organisation when making enquiries within a firm unless they are legally obliged to do so. In the case of anonymity being compromised, whistleblowers can make a claim against their firm if they can prove that their protected disclosure has led to a detriment.