The 31st May 2025 marks sixty years of Employment Tribunals – colloquially known in the legal world as ETs. The ET is the final destination for whistleblowing cases – often a tortuous process that pits an individual whistleblower against the might of their employer’s legal team. Recent reports have shown that the UK employment tribunal backlog has hit record levels. Not good news for whistleblowers, as our latest blog explores…
May has seen the the Employment Rights Bill reach Committee Stage in the House of Lords, giving all members of the Lords an opportunity to speak and debate amendments. We’ve worked with a wide range of peers from across all parties to amass support for our proposals to modernise whistleblowing protection.
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.
Protect welcomes the publication of the new report from the Committee on Public Standards in Public Life “Recognising and responding to early warning signs in public sector bodies” and calls for the introduction of a statutory duty on employers to investigate whistleblower concerns to give workers the confidence they will be listened to when they speak up.
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.
Responding to the judgment in the case of Josie Stewart, former FCDO whistleblower, Protect welcomes the ruling which has far reaching implications for the civil service. However, we still need to close the gap between the value whistleblowing brings in exposing wrongdoing, and the lack of protections for those civil servants who speak up.
It is well documented that when whistleblowers are not listened to organisations can collapse, livelihoods can be lost, and people can lose their lives. There’s lots of research examining the treatment of whistleblowers when they try to speak up and what employers should do to be better. But what about the bigger cost to society – and in financial terms – the cost to all of us, the taxpayers, when things go wrong and the government has to step in and pick up the pieces?
Responding to the publication of the government’s Employment Rights Bill, Protect welcomes this long overdue strengthening of workers’ rights, but sees this Bill as another missed opportunity to improve whistleblowing law.
Reacting to the publication of the final report from the Grenfell Tower Inquiry today, Andrew Pepper-Parsons, the Director of Policy at whistleblowing charity Protect said: “We welcome the report’s recommendations for stronger regulation – but we must ensure that when people speak up to share critical concerns they are listened to and there is a duty on those in leadership positions to address the issues they raise.”
