A whistleblowing policy sets out how employees can report wrongdoing within the organisation and protects them from retaliation for doing so. It is underpinned by the Public Interest Disclosure Act 1998 (PIDA), which protects "whistleblowers" from detriment and dismissal.
What Is a "Protected Disclosure"?
Under PIDA, a worker is protected if they disclose information that they reasonably believe shows one or more of the following:
- A criminal offence has been, is being, or is likely to be committed
- A person has failed, is failing, or is likely to fail to comply with a legal obligation
- A miscarriage of justice has occurred or is likely to occur
- The health or safety of any individual is being, has been, or is likely to be endangered
- The environment is being, has been, or is likely to be damaged
- Information about any of the above is being, or is likely to be, deliberately concealed
What Should the Policy Include?
- Scope — who can use the procedure (employees, workers, agency staff, contractors)
- What counts as whistleblowing — vs personal grievances (which should go through the grievance procedure)
- How to raise a concern — who to report to (line manager, senior manager, or external channel)
- Investigation process — how concerns will be investigated and by whom
- Confidentiality — commitment to protecting the whistleblower's identity where possible
- Protection from retaliation — clear statement that no one will be penalised for raising a genuine concern
- External reporting — if internal channels fail, the right to report to prescribed bodies (e.g., HSE, FCA, CQC)
Why Is It Important?
- Dismissal for whistleblowing is automatically unfair (no service qualification required)
- There is no cap on compensation for whistleblowing dismissals
- Having a policy encourages internal reporting, allowing you to address issues before they become public scandals
Our HR team can create a compliant whistleblowing policy. Get in touch.