Legislation overview

The key piece of whistleblowing legislation is the Public Interest Disclosure Act 1998. Other Acts and Statutory Instruments which govern the topic are:

  • Police Reform Act 2002 Section 37
  • Employment Rights Act 1996 Section 103A
  • Employment Rights Act 1996 Sections 43A to 43L
  • Management of Health and Safety at Work Regulations 1999 (SI 1999/3242) Regulation 14
  • Public Interest Disclosure Act 1998
  • Public Interest Disclosure (Compensation) Order 1999 (SI 1999/1548)
  • Public Interest Disclosure (Prescribed Persons) Order 1999 (SI 1999/1549)
  • Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2003 (SI 2003/1993)
  • Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2004 (SI 2004/3265)
  • Public Interest Disclosure (Prescribed Persons)(Amendment) Order 2005 (SI 2005/2464)
  • The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2010 (SI 2010/131)
  • Enterprise and Regulatory Reform Act 2013 - will make a number of changes to whistleblowing protection.
  • Public Interest Disclosure (Prescribed Persons) Order 2014
  • Protected Disclosures (Extension of Meaning of Worker) Order 2015.

Q: What is whistleblowing?

Q: What steps does the government Code of practice on whistleblowing recommend?

Q: Which employees and workers are protected by the whistleblowing legislation and are they protected even if they made the disclosure whilst working for a previous employer?

Q: Is an employer liable if one employee causes detriment to another employee because of their whistleblowing?

Q: Is an employer liable if they did not know of the disclosure, or if the employee was not acting in good faith or in the public interest?

Q: Do employers have to introduce a whistleblowing policy?

Q: What is the time limit for bringing a whistleblowing claim?

Q: Who are external regulators and what is the nature of their involvement with whistleblowing cases?

Q: Is there case law guidance on the amount of compensation an employer will have to pay an employee who is dismissed and then succeeds in a whistleblowing claim?

Q: What is the nature of the protection afforded to a whistleblower?

Q: What is the employer’s position if the whistleblower commits an illegal act leading to the disclosure?

Q: What are gagging clauses and are they effective to silence whistleblowers?

Q: Can the employer dismiss an employee for causing problems after whistleblowing, and not because of the actual disclosure itself?

Q: Are any further developments expected in the area of whistleblowing?

You may also be interested in ...


Whistleblowing at work

Information on the legal position on whistleblowing, what to include in a whistleblowing policy, and how to implement one in the workplace

Read more