Legal Interventions and Regulator Work 2026
In 2026 the joint cases of Rice v Wicked Vision Ltd and Barton Turns v Treadwell will be heard in the Supreme Court. The saga continues… the case raises complex points – as it will examine whether claiming and getting compensation for dismissal via the easier detriment route is open to employees. Protect was given permission to intervene as an independent third party by the Court of Appeal to provide the court with the policy background and evidence from our work with whistleblowers and employers on the ‘real-world’ consequences of their interpretation of the law. We hope to be able to be part of the Supreme Court hearing too.
The Hillsborough Bill
The Public Office (Accountability) Bill, more commonly known as the Hillsborough Bill, is likely to become law by the Spring of 2026.
The intention behind the bill is to end the culture of coverups and the closing of ranks from public officials when it came to major scandals such as Grenfell Tower fire, the Infected Blood Scandal and the Post Office/Horizon scandal.
This is a law that will introduce a Duty of Candour on all public officials, create a new legal offence for misleading the public and provide greater legal aid for bereaved families in inquests. Protect is supportive of these proposals and the bill as a whole.
However, Protect believes that for the bill to be effective, it requires the strengthening of protections for those that come forward under the new Duty of Candour. That’s why we’ve called for the bill to include; a duty on all public sector employers to take reasonable steps to investigate the concerns raised by whistleblowers, an independent commissioner for civil servants to take responsibility of incoming whistleblowing concerns, a requirement that public sector bodies are under a duty to prevent victimisation of whistleblowers, a new offence for retaliating or impeding a whistleblower, and greater legal aid for whistleblowers.
We’re happy to say that MPs of all parties have pushed for whistleblowing to be part of the legislation at all stages of the bill. So far, the Government have been reluctant to accept major amendments from outside groups. As such, we are working with MPs and Lords to put together a strategy in the coming months to ensure that whistleblowing remains a prominent feature of the debate. As the Bill completes its journey through Parliament, we are focussed on making this law is as effective as possible by ensuring those that come forward are protected.
Implementing the Employment Rights Act 2025
The Employment Rights Act 2025 will bring in a number of changes that matter for whistleblowers and anyone raising concerns about sexual harassment at work. From April 2026, whistleblowing protections will clearly cover sexual harassment. While this was already possible through case law, spelling it out in the law itself makes the protection easier to understand and use.
By October 2026, the Government expects to ban the routine use of NDAs in sexual harassment cases. NDAs will only be allowed if both sides genuinely agree to them, helping to stop people being silenced after raising concerns. Guidance on how this will work in practice is expected following a consultation in early 2026.
Also from October 2026, employers will be under a new duty to take all reasonable steps to prevent sexual harassment, including harassment by third parties. Having strong whistleblowing arrangements and a culture where people feel safe to speak up will be key – not just meeting the law, but to tackling problems early and avoiding harm in the first place.
Cases to watch
The Post Office Horizon inquiry is expected to conclude early in 2026, Volume 2 will cover why the scandal occurred- looking at the organisational failures that lead to the largest miscarriage of justice in UK legal history. The inquiries conclusion is likely to be stark reminder of what can go wrong when concerns are ignored as Protect highlighted in research from 2025 – and why strong whistleblowing protections and cultures that genuinely listen and act are vital.
The Thirlwall Inquiry, examining the events that lead to the murders committed by Lucy Letby, is also expected to be published in early 2026. Whistleblowing is likely to be a major part of the inquires findings chronicling how staff raised concerns about Lucy Letby but ultimately were ignored by senior managers. The evidence so far underlines the importance of creating workplaces where people feel safe to speak up and are taken seriously when they do, Sybille Raphael, legal director of Protect, said NHS staff felt raising concerns was “like throwing a pebble in a dark hole”, adding: “It’s completely pointless.” “Instead of being thanked for doing what they should do, which is raising a concern, they are being punished for it, they are being victimised.”
The inquiry is a powerful reminder that whistleblowing isn’t just a policy issue – it’s about preventing harm and saving lives.