Mark Ellis

In a disappointing judgment, the Court of Appeal has said that job applicants are not protected if they blow the whistle, and in doing so has thrown the ball firmly back into Parliament’s court to decide who is, and who is not, a whistleblower. More positively, the Court restated the value of whistleblowing and noted the purpose of the law is “to protect the public interest by ensuring that information about wrongdoing, or threats to health and safety or the environment, could be disclosed”

The government’s landmark Employment Rights Bill has now bounced from the Commons to the Lords as it continues its progress through Parliament. After a highly scrutinised passage through the Commons that led to more than 200 pages of amendments tabled at the Report Stage and Third Reading the Bill will be debated in the Lords for the first time on Thursday 27 March. This Bill provides a critical opportunity to improve whistleblowing protections for everyone in the workplace and revamp the way employers address and manage whistleblowing.  

The government’s flagship Employment Rights Bill, rapidly moving throught the stages of Parliament, offers an opportunity to overhaul how employers and colleagues treat both whistleblowers and the how people raise concerns. We’re very pleased to see a great focus on tackling sexual harassment in the workplace, and extensions of time limits for bringing an employment tribunal claim. But as welcome as these changes are, they are not ambitious enough to strengthen whistleblowing protections which the Government committed to during the 2024 election.