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Lords vote to introduce a duty to investigate whistleblowing

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The House of Lords has voted to introduce a new duty to investigate whistleblowing concerns placing an obligation on employers to act when whistleblowers speak up.

This would mean organisations with more than 50 staff, or a turnover of more than £10 million, will have to investigate the whistleblowing concerns that are brought to them.

The amendment to the Employment Rights Bill, proposed by Protect and drafted by Lord Michael Wills (Labour) was supported by Baroness Susan Kramer (Lib Dem) and Baroness Nicky Morgan of Cotes (Conservative) and passed with a 98 majority yesterday (16 July).

Whistleblowers provide employers with a vital early warning system, and many large employers recognise the benefits they bring. By ensuring there are processes to deal with workplace wrongdoing, this duty would ensure employers have to deal with potential harm early on, rather than allowing the issues to fester.  The amendment also requires the government to review the unfair dismissal test which creates too high a hurdle for whistleblowers at tribunals.

A YouGov poll* commissioned by Protect in May 2025 found that two thirds (66%) of workers want a legal duty on employers to investigate whistleblowing concerns raised by employees. Research by the Association of Fraud Examiners found that 42% of fraud cases they studied were uncovered by tips with a majority reported by employees. A legal duty on employers would help employers mitigate this risk and root out fraud within the workplace.

Baroness Susan Kramer said in the debate: “While we wait for fundamental reform, we need immediate improvement to some of the worst features of the current system of supposed whistleblower protection.” She added “I am very pleased so many of my colleagues agreed that change is needed now”.

Lord Wills said: “Time and again we see whistleblowers raise important concerns that are swept under the carpet. From concerns about patient safety to failures in construction and building sites – ignoring problems impacts lives and livelihoods. The government has already acknowledged the need for whistleblowers to receive greater protection so I would like to see them seize this rare legislative opportunity to bring in such protection after an appropriate time for consultation to fine tune such new protections.”

Protect Chief Executive, Elizabeth Gardiner, said: “We are delighted the amendment was passed. If accepted, this would herald a huge step forward in improving the way whistleblowing is dealt with in the workplace. Currently employers are under no obligation to look into the issues that whistleblowers bring to them. We know only too well, that it’s often the whistleblower themselves that is investigated, rather than the concerns they raise. In recent years we have seen scandals rock the country despite whistleblowers raising the alarm early on. When their warnings are ignored, disastrous consequences have followed impacting lives and livelihoods. Forcing employers to follow through when a member of their staff raises concern will boost accountability and give future whistleblowers more confidence that action will be taken when they speak up.”

Notes to Editors:  

For more information, and to arrange an interview, please contact:   

YouGov survey*:
All figures, unless otherwise stated, are from YouGov Plc. Total sample size was 2121 adults. Fieldwork was undertaken between 2nd – 3rd June 2025.  The survey was carried out online. The figures have been weighted and are representative of all GB adults (aged 18+).

Would you support or oppose a law requiring employers to investigate all whistleblowing concerns?

Support 66%
Oppose 3%
No strong feelings either way 23%
Don’t know 8%

 

Details of the amendment:

“Regulations to protect whistleblowers

(1) The Secretary of State must, by regulations, make provision to—

(a) extend the circumstances in which an employee is considered unfairly dismissed after making a protected disclosure, and

(b) require employers to take reasonable steps to investigate any disclosure made to them under section 43C of the Employment Rights Act 1996.

(2) Regulations made under subsection 1 apply to any employer with—

(a) 50 or more employees,

(b) an annual business turnover or annual balance sheet total of £10 million or more,

(c) operations in financial services, or

(d) vulnerabilities in other respects to money laundering or terrorist financing.

(3) When making regulations under subsection (1)(b), the Secretary of State must set out in statutory guidance what “reasonable steps” should include.

(4) The Secretary of State must make regulations under this section within six months of the day on which this Act is passed.

(5) Regulations under this section are subject to the negative resolution procedure.”

Details of the amendment in Hansard

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