Whistleblowing for employees
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1. What is a whistleblower
You鈥檙e a whistleblower if you鈥檙e a worker and you report certain types of wrongdoing. This will usually be something you鈥檝e seen at work - though not always.
The wrongdoing you disclose must be in the public interest. This means it must affect others, for example the general public.
As a whistleblower you鈥檙e protected by law - you should not be treated unfairly or lose your job because you 鈥榖low the whistle鈥�.
You can raise your concern at any time about an incident that happened in the past, is happening now, or you believe will happen in the near future.
Who is protected by law
You鈥檙e protected if you鈥檙e a worker, for example you鈥檙e:
- an employee, such as a police officer, NHS employee, office worker, factory worker
- a trainee, such as a student nurse
- an agency worker
- a member of a Limited Liability Partnership (LLP)
Get independent advice if you鈥檙e not sure you鈥檙e protected, for example from
A confidentiality clause or 鈥榞agging clause鈥� in a settlement agreement is not valid if you鈥檙e a whistleblower.
Complaints that count as whistleblowing
You鈥檙e protected by law if you report any of the following:
- a criminal offence, for example fraud
- someone鈥檚 health and safety is in danger
- risk or actual damage to the environment
- a miscarriage of justice
- the company is breaking the law, for example does not have the right insurance
- you believe someone is covering up wrongdoing
Complaints that do not count as whistleblowing
Personal grievances (for example bullying, harassment, discrimination) are not covered by whistleblowing law, unless your particular case is in the public interest.
Report these under your employer鈥檚 grievance policy.
Contact the Advisory, Conciliation and Arbitration Service (Acas) for help and advice on resolving a workplace dispute.
2. Who to tell and what to expect
You can tell your employer - they may have a whistleblowing policy that tells you what to expect if you report your concern to them. You can still report your concern to them if they do not have a policy.
There are other options if you do not want to report your concern to your employer, for example you can get legal advice from a lawyer, or tell a prescribed person or body.
If you tell a prescribed person or body, it must be one that deals with the issue you鈥檙e raising, for example a disclosure about wrongdoing in a care home can be made to the Care Quality Commission.
There鈥檚 a different
Making your claim anonymously or confidentially
You can tell your employer or a prescribed person anonymously but they may not be able to take the claim further if you have not provided all the information they need.
You can give your name but request confidentiality - the person or body you tell should make every effort to protect your identity.
If you report your concern to the media, in most cases you鈥檒l lose your whistleblowing law rights.
What your employer or a prescribed person will do
Your employer or the prescribed person will listen to your concern and decide if any action is needed. You may be asked for further information.
You must say straight away if you do not want anyone else to know it was you who raised the concern.
You will not have a say in how your concern is dealt with.
Your employer or the prescribed person can keep you informed about the action they鈥檝e taken, but they cannot give you much detail if they have to keep the confidence of other people.
A prescribed person cannot help you with your relationship with your employer.
If you鈥檙e not satisfied with how your employer dealt with your concern
Tell someone else (for example a more senior member of staff) or a prescribed person or body if you believe your concern was not taken seriously or the wrongdoing is still going on.
Contact the Advisory, Conciliation and Arbitration Service (Acas), the whistleblowing charity or your trade union for more guidance.
3. If you鈥檙e treated unfairly after whistleblowing
You can take a case to an employment tribunal if you鈥檝e been treated unfairly because you鈥檝e blown the whistle.
You can get further information from the Advisory, Conciliation and Arbitration Service (Acas), , the whistleblowing charity or your trade union.
If you reported your concern anonymously, you may find it harder to argue that your unfair treatment was as a result of your whistleblowing.
You must raise any claim of unfair dismissal within 3 months of your employment ending.
You must notify Acas if you want to take your case to an employment tribunal.