Whistleblowing

What are the first steps in reporting an issue?

It is vital to follow certain steps if you are going to make a disclosure or report about an issue concerning you at work, because making such a disclosure is a serious matter.

Normally you would first report the issue internally to your employers before making any disclosure externally and you should follow any whistleblowing policy your employer may have in place. External disclosure is only protected in certain limited circumstances – you should consult your UNISON rep before making such a disclosure.

If you are going to blow the whistle, it is vital that you consider the following points carefully.

• What hard evidence do you have to support any claim?
• Are you sure that your concerns could not be raised informally or through the usual grievance procedure? Find out more about grievance procedures.
• Take advice from your UNISON rep and if you cannot find any, alert your branch secretary or UNISON regional organiser.  
• If the internal report process does not work within a reasonable time, you may consider raising the issues publicly. In this case, it is crucial you take advice from your UNISON rep. It would be unusual to raise the issue publicly before raising them with your employer and it is only in certain very limited circumstances that you will be protected if you raise the issue publicly.

Am I legally protected if I blow the whistle?

Workers are protected as whistleblowers if they fulfil certain criteria.

‘Worker’ in this case is widely defined and includes not only employees, but also agency workers, those training with the employer or who are apprentices, and contractors. The term ‘worker’ in relation to whistleblowing does not generally include volunteers.

A whistleblower is legally protected if they make a disclosure which, in the reasonable belief of the worker, is made in the public interest and which tends to show one or more of the following:

• a criminal act;
• a failure to comply with a legal obligation;
• a miscarriage of justice;
• a danger to health and safety;
• damage to the environment;
• an attempt to cover up any of the above.

Due to the Employment Rights Act 2025, from 6 April 2026, sexual harassment will be included within the topics which could qualify as a disclosure for whistleblowing purposes.  

To be protected, you must have a reasonable belief that the information tends to show that one or more of the above has happened, is happening or is likely to happen. You must also have a reasonable belief that the information that you are disclosing is true and the disclosure must be made in the public interest. If these conditions are met, the disclosure may be a ‘qualifying disclosure’ in terms of the relevant legislation.

For your disclosure to be protected by the law you should make it to a regulator or ‘prescribed person’. This term references a group of people under the law that you can make a disclosure to – your legal adviser is also included. The disclosure must also be made in the right way, often exhausting the employer’s internal whistleblowing policies first. If an employment tribunal considers that your disclosure was made in bad faith, it has the power to reduce any compensation award by up to 25%.

You will only be protected if, when you make the disclosure, you reasonably believe that the relevant failure relates solely or mainly to the person you disclosed your concerns to, or is a matter for which that person other than your employer has responsibility.

Disclosures about certain types of matters may also be made to specific bodies, such as the relevant regulatory body.

There may be protection for disclosing the issue to another person in exceptional circumstances – such as where the employee reasonably believes that making the disclosure to their employer means that they will be subject to a detriment or that evidence will be concealed or destroyed; the employee has already made the disclosure to their employer; or where the relevant failure is of an exceptionally serious nature. In such cases the disclosure must not be made for the purposes of personal gain.

It is important that you seek advice from your UNISON rep before making such a disclosure, as strict criteria apply in order for you to be protected.

Whistleblowing and the law

The Public Interest Disclosure Act 1998 provides legal protection for individuals who disclose information to expose certain acts such as criminal acts. The equivalent legislation in Northern Ireland is the Public Interest Disclosure (Northern Ireland) Order 1998.

The legislation made substantial amendments to the Employment Rights Act 1996 – and the Employment Rights (NI) Order 1996 in Northern Ireland – to protect whistleblowers from dismissal and detrimental treatment by their employer.

In some cases, the employee may bring a case before an employment tribunal, which can award compensation.

As a result of the legislation, some employers have developed internal whistleblowing procedures, although the legislation does not require employers to do so. If you are not sure whether your employer has a whistleblowing policy and procedure, discuss this with your UNISON representative.  

Legal disclaimer 

The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland. 

While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.