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Job applicants outside the NHS can’t claim whistleblowing protection – over to Parliament to right this wrong. 

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”

A small step forward, but will the Lords leap on whistleblowing reform?

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.  

What the Employment Rights Bill means for 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.

Legal challenge to give all job applicants vital whistleblowing legal protections

A case at the Court of Appeal is considering whether all external job applicants should have whistleblowing legal protection. Protect has filed a third-party intervention at the Court of Appeal to widen whistleblowing protection to all external job applicants. The charity was given permission to intervene because the case gives rise to important issues of public policy.

Legal challenge to give charity trustees vital whistleblowing legal protections

Protect, the UK’s whistleblowing charity, is intervening in an important case before the Employment Appeal Tribunal (EAT) which will consider whether charity trustees should have whistleblowing rights. There are nearly a million charity trustees in the UK. They are responsible for the proper governance of charities and have a duty to report wrongdoing when they see it. The case before the EAT will consider whether trustees can claim the protection of whistleblowing law if they suffer as a result of speaking up about wrongdoing.

Press statement – Kings Speech: whistleblowing, employment rights and a duty of candour

Reacting to the Kings Speech today, Elizabeth Gardiner, Chief Executive of whistleblowing charity Protect said: “We welcome the introduction of a new #EmploymentRights bill, this is an opportunity for the government to fulfil its commitment to improve whistleblowers’ rights. Too many people in today’s workplace don’t have any protection if they speak up to stop harm.”