Whistleblowing for Employers: Policies, Investigations and Claims
Whistleblowing policies, investigations and tribunal defence for London employers, updated for the 2026 Employment Rights Act changes.
Call 0207 100 2525 to speak to an employment solicitor. Available 24/7.
Whistleblowing for employers means having a lawful process to receive, investigate and act on workers’ concerns about wrongdoing, and making sure no one who raises a concern is treated unfairly as a result. Under UK law, a worker who makes a protected disclosure is protected from detriment from their first day of work. An employee dismissed because of a disclosure can claim uncapped compensation.
Adam Bernard Solicitors advises employers in London and across England and Wales on whistleblowing policies, handling disclosures, internal investigations and defending whistleblowing claims at the employment tribunal.
Are you an employee or worker who has blown the whistle? See our whistleblowing solicitors for employees page.
What is a protected disclosure?
A protected disclosure is information a worker reasonably believes shows wrongdoing and that they reasonably believe is in the public interest. The categories are set out in section 43B of the Employment Rights Act 1996:
- a criminal offence
- a breach of a legal obligation
- a miscarriage of justice
- danger to the health or safety of any individual
- damage to the environment
- sexual harassment (added from 6 April 2026 by the Employment Rights Act 2025)
- deliberate concealment of any of the above.
The disclosure must be made in the public interest. A purely personal grievance, such as a complaint about one worker’s own contract terms, is generally dealt with under the grievance procedure instead.
What changed for employers in 2026?
Three 2026 changes affect how employers handle whistleblowing: sexual harassment is now an explicit protected disclosure, tribunal time limits have doubled, and the duty to prevent sexual harassment is now broader.
| Change | In force | What it means for employers |
|---|---|---|
| Sexual harassment added to s.43B ERA 1996 | 6 April 2026 | Reports of sexual harassment made in the public interest are now clearly protected. Update your policy and brief managers (GOV.UK factsheet). |
| Tribunal time limits extended from 3 to 6 months | 1 October 2026 | Workers have longer to bring most claims, so your exposure window is longer (business.gov.uk). |
| Duty to take “all reasonable steps” to prevent sexual harassment | 30 October 2026 | A higher prevention standard. A working whistleblowing route is part of the evidence that you took reasonable steps (GOV.UK timeline). |
Our overview of the Employment Rights Act reforms covers the wider changes.
Is a whistleblowing policy a legal requirement?
No. UK law does not require most employers to have a whistleblowing policy, but GOV.UK guidance says that not having one exposes employers to risk. Some regulated sectors have their own requirements, for example under financial services or NHS rules. A clear policy helps workers raise concerns internally first. It also gives you a chance to fix problems early and gives you evidence of good practice if a claim follows (GOV.UK: whistleblowing guidance for employers).
What should a whistleblowing policy include?
An effective whistleblowing policy explains what whistleblowing is, how to raise a concern, how it will be handled and how the person raising it will be protected. In line with GOV.UK guidance, it should include:
- A plain-English explanation of whistleblowing and the types of wrongdoing covered, including sexual harassment.
- Reporting channels, including a route that bypasses line management where the concern is about a manager.
- Anonymous and confidential reporting options, and how confidentiality will be protected.
- Timeframes for acknowledging, investigating and giving feedback.
- A clear statement that victimisation is not tolerated, and that it will be treated as a disciplinary matter.
- A statement that the worker does not need proof to raise a concern.
- External routes, including the list of prescribed people and bodies.
- Training for managers and staff on how the policy works.
We draft and review whistleblowing policies so they fit your sector, size and regulatory obligations.
How should employers handle a whistleblowing disclosure?
Act promptly, meet the worker, keep the concern confidential, investigate in proportion to the issue, and record every step. A practical process:
- Acknowledge the concern and explain what happens next.
- Meet the worker. They may bring a colleague or trade union representative.
- Assess whether the concern is a protected disclosure, a grievance, or both.
- Investigate using an independent investigator where possible.
- Act and give feedback on the outcome where you can, within the limits of confidentiality.
- Protect the worker from detriment by colleagues and managers throughout.
- Keep records of decisions and reasons. These records matter if a claim follows.
If the investigation finds no wrongdoing, that does not mean the disclosure was made in bad faith, and the worker should not be penalised for raising it.
What are the risks of getting it wrong?
Compensation for whistleblowing detriment or dismissal is uncapped, and no minimum length of service is needed to bring a claim. The main risks are:
- Detriment claims (s.47B ERA 1996): for example, sidelining, denying promotion, disciplinary action or hostility from colleagues. Individual co-workers can be personally liable as well as the employer.
- Automatic unfair dismissal (s.103A ERA 1996): dismissal where the protected disclosure is the main reason. See our page on automatic unfair dismissal.
- Interim relief: a dismissed employee can apply within 7 days of dismissal to keep their pay until the hearing.
- Gagging clauses: any term in a contract, NDA or settlement agreement that tries to stop a protected disclosure is void (s.43J ERA 1996). Settlement agreements must be drafted with this in mind.
- Reputational harm: a worker who feels ignored internally may go to a regulator or, in some cases, the media.
Defending a whistleblowing claim
To defend a whistleblowing claim, an employer must usually show that the disclosure was not protected, or that the treatment or dismissal was for a different, lawful reason. In practice, that depends on early evidence: who knew about the disclosure, when decisions were made, and why.
We act for employers at every stage:
- ACAS early conciliation and negotiated exits
- responding to ET1 claims and preparing the ET3 response
- witness statements, disclosure and tribunal hearings. See defending employment tribunal claims and our employer’s guide to defending a tribunal claim
- related discrimination claims against employers, which often run alongside whistleblowing claims.
Why employers choose Adam Bernard Solicitors
- SRA-regulated solicitors with offices in High Holborn (Central London) and Upton Park (East London)
- 15 years in practice and more than 15,000 clients
- Advice on policies, investigations and tribunal defence from one team
- Meetings in person or by Zoom, Teams, WhatsApp or Skype
Speak to our employment solicitors on 0207 100 2525, available 24/7, or contact us to book a consultation.
This page is for general information only and does not constitute legal advice.
Frequently Asked Questions
Is a whistleblowing policy a legal requirement for UK employers?
No. Most employers are not legally required to have one, but GOV.UK guidance recommends it, and some regulated sectors have their own requirements. A policy reduces the risk of claims and encourages workers to raise concerns internally.
Is sexual harassment a protected disclosure?
Yes. From 6 April 2026, the Employment Rights Act 2025 added sexual harassment to the list of disclosures in section 43B of the Employment Rights Act 1996. The worker must still reasonably believe the disclosure is in the public interest.
Can an employer dismiss a whistleblower?
An employer can dismiss for a genuine, unrelated reason such as misconduct or redundancy. If the main reason for the dismissal is the protected disclosure, it is automatically unfair. Compensation is uncapped and no qualifying service is needed.
How long does an employee have to bring a whistleblowing claim?
From 1 October 2026, the time limit for most employment tribunal claims is 6 months (previously 3 months). ACAS early conciliation must happen before a claim is issued. An application for interim relief must be made within 7 days of dismissal.
Can a settlement agreement or NDA stop an employee whistleblowing?
No. Under section 43J of the Employment Rights Act 1996, any clause that tries to prevent a protected disclosure is void.
Do employers have to keep a whistleblower's identity confidential?
It is not an absolute legal duty, but GOV.UK guidance treats confidentiality as best practice. Information should be shared only with people who need it to investigate. Breaching confidentiality can lead to detriment claims.
What is the difference between a whistleblowing disclosure and a grievance?
A whistleblowing disclosure concerns wrongdoing that affects others and is in the public interest. A grievance is usually a personal complaint about the worker's own treatment. One complaint can be both, so employers should assess it carefully.
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