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RAISING CONCERNS INTERNALLY, THE LEGAL TEST Where you decide to raise your concerns will have an impact on whether you obtain whistleblowing protection under the Public Interest Disclosure Act 1998 (PIDA). Where you go with your concerns will determine the legal tests that you need to satisfy. As a blanket rule, the further away from ... Read more

WHAT TYPE OF CONCERNS CAN I RAISE TO BE PROTECTED? To qualify for protection under whistleblowing law (the Public Interest Disclosure Act 1998) you must: Be an employee or worker. See "Who is Protected by Whistleblowing Law?" Make a disclosure of information Reasonably believe the concern to be in the public interest. See "Public Interest". ... Read more

BREACH OF CONFIDENCE AND WHISTLEBLOWINGWhat does it mean? In the workplace, a breach of confidence can take place when a worker, either intentionally or unintentionally, discloses or uses information that could damage the employer’s business, clients, or employees. If a worker breaches confidentiality, legal action may be taken against them by their employer. The law ... Read more

WHO IS PROTECTED BY PIDA? The Public Interest Disclosure Act 1998 (PIDA), the law that protects whistleblowers from negative treatment or dismissal for raising their concerns, is a “day-one” right. This means that a worker or employee can bring a legal claim under PIDA as a whistleblower from the first day of their employment. This ... Read more

SEXUAL HARASSMENT AND WHISTLEBLOWINGWhat is sexual harassment? Sexual harassment is unwanted behaviour of a sexual nature which violates your dignity, makes you feel intimidated, degraded or humiliated, or creates a hostile or offensive environment. You don’t need to have previously objected to someone's behaviour for it to be considered unwanted. Anyone can be a victim, ... Read more

Third Parties – including family members - connected to the whistleblower The issue: As the law currently stands, third parties, such as colleagues or family members of a whistleblower, are not protected under UK whistleblowing law. Those related to, or connected with a whistleblower may suffer workplace victimisation as a result : they too should ... Read more

Access to Justice The issue Not many whistleblowers can afford legal representation and they do not always have access to legal support (such as through a trade union or home insurance legal cover). Fees to take a claim may have been abolished, but whistleblowing claims are complex and whistleblowers representing themselves in person fare worse ... Read more

The Public Interest Test In order for a concern to be protected by the Public Interest Disclosure Act 1998, the concern must be in the public interest. The public interest requirement is the defining feature of whistleblowing law.  Public interest separates out concerns about someone’s ‘private’ employment rights from ‘public’ concerns that have wider impact ... Read more