Whistleblowing for employees in 2022: everything you need to know

What is whistleblowing? Am I protected for whistleblowing? What can I and cannot ‘blow the whistle on’? If you are employed and wrongdoings are happening at your place of work, you may be able to be protected for whistleblowing. Your Benefits will tell you everything you need to know if you want to blow the whistle.

What is whistleblowing?

You may be a worker. Furthermore, you may report something that is wrong at your workplace. Typically, this is going to be something that you were a witness to. However, it doesn’t always have to be the case. 

Whistleblowers cannot be discriminated against simply because they denounced the wrongdoing that they saw. Indeed, they may not be fired because of their whistleblowing. Indeed, after doing so, whistleblowing is protected by law.

What you report on when you engage in whistleblowing does not have to be something that happened now or in the past. Indeed, it could be something that you expect to happen later on. 

Note that the wrongdoing reported needs to be something that negatively impacts others. Indeed, this could be the general public, for example.

Reporting wrongdoing for disclosed information for health and safety can be hard, especially in the context of the public interest disclosures act. You can get legal advice on your email address. This is true if you were treated unfairly or lose your job.

Whistleblowing: am I protected by law?

You may be protected by law. Indeed, this is the case if you are a worker. For example, if this is the case for you, you could be one of the following:

• An agency worker;
• A person in training (for example, a student nurse);
• Someone in a Limited Liability Partnership (LLP);
• An employee (this can include a vast range of people, like those working in a factory or office, NHS employees and police officers).

There may be a ‘gagging’ or confidentiality clause in an agreed upon settler agreement. However, in the case that whistleblowing happens, such clause does not matter. Indeed, it will no longer be valid.

When reporting on whistleblowing, there are many things that are protected by law. Indeed, if you ‘blow the whistle’ on any of the following, you are protected:

• Covering up of wrongdoing at your workplace;
• Your company is somehow breaking the law (this can be anything from not adhering to regulation, to not using the right insurance);
• Miscarriage of justice;
• The work that a person does is impacting their safety and health, or both of them could be seriously harmed through their work;
• Criminal offenses (this may include anything from money laundering to fraud);
• The company is seriously harming or posing a risk to the environment.

Who can I talk to if I want to whistleblow?

You may want to whistleblow. Then, there are a couple of options. First, you may of course talk to your employer. Indeed, they could have a whistleblowing policy in place. This would outline what to do if you want to report a concern. Of course, even if they do not have such policy, you may still talk to them.

You may choose to talk to a prescribed body or person. Then, make sure that they are specialized in your particular issue. Indeed, the prescribed body usually needs to be affiliated with your particular sector. 

Can I whistleblow anonymously?

In some circumstances, you may want to whistleblow anonymously. Indeed, this is so that you make sure that your identity is protected. In order to do so, you may tell a prescribed person or your employer the information anonymously.

You may give information to a prescribed person or your employer, but still wish to have your identity be protected. Then, you may request confidentiality. Then, the body or person to who you gave the information needs to make an effort to not give out your identity.

What happens after I give the information to a prescribed person or my employer?

You may have chosen to give out the information that you have to your employer or a prescribed person or body. Then, they need to first take in the information. After that, they should decide if additional action needs to be taken. Indeed, you could need to give them more information.

If you choose to give out the information to your employer or prescribed person or body, you will not be able to choose how they proceed. Indeed, they will be able to proceed however they see fit. As such, make sure that if this is the option that you go with, that it is indeed the one that you want.

You may want your employer to keep you in touch with how the whistleblowing is going to be proceeding. However, your employer or prescribed person may not be able to give you specific information.

Indeed, they likely can tell you the action that they decided to go with. However, the details of said action could involve others, who want to remain anonymous. Then, you will not be able to be informed on the specifics of the action taken. 

What if I am not satisfied with how my employer dealt with the information I gave them?

It could be that you are not satisfied with how your employer proceeded with the information that you gave them. Indeed, then, you could let someone else know. This could either be someone at your work, or a prescribed body or person. 

If you are unsure how to proceed, you have options. Indeed, you can contact the Advisory, Conciliation and Arbitration Service (Acas). You can find information on their website, or call their helpline. Indeed, you may do so on 0300 123 1100.

Whistleblowing: what if I am treated badly afterwards?

You may not be treated well after whistleblowing for something that happened or is happening at your workplace. Then, you could take this to the employment tribunal.

You may have given information anonymously. Then, arguing that you have been treated unfairly since then may be difficult. Indeed, this is because since the information you gave was done anonymously, your employer is not supposed to know who you are. 

You may also believe that you were dismissed unfairly. Indeed, this could have happened after you gave the whistleblowing information to your employer. Then, you need to raise the claim a maximum of 3 months following you no longer working for your employer. 

You may want to use an employment tribunal for your case. Then, you must let the Advisory, Conciliation and Arbitration Service (Acas) know. Indeed, you may either contact them through their website, or call them on 0300 123 1100.

Whistleblowing: how can I make a claim to an employment tribunal?

You may have raised a concern about wrongdoing at your workplace, which allow you to be legally protected by whistleblowing. If this is the case, you can make a claim to an employment tribunal. The easiest way to do it is online. However, you may also do it by post.

If you want to make a claim online, it is very straightforward. Indeed, you may do it on the Gov.UK website. You will be able to file your claim online. It’s that easy.

You may want to claim by post instead of online. Indeed, then, you can print and fill out the ‘Employment Tribunal claim form for single claimants‘. You can find it on the Gov.UK website. 

Before you fill in the form, you can find guidance, which will help you through making your claim. Indeed, there also exists guidance specifically for making claims related to whistleblowing. You can find both on the Gov.UK website. 

When making your claim, you will not have to pay anything. Indeed, there will be no fee that you need to cover. This is regardless of what is indicated on the document or form you have to fill out.

What if I cannot use a computer?

You may be unable to use a computer by yourself. Then, you may make your claim another way. Indeed, you can use the talk-through service. Indeed, you may make your claim by phone. However, check that you have the following prior to making your call:

• Information related to your claim and whistleblowing (this could be necessary background information, important dates and any other individual implicated);
• Your Acas early conciliation certificate number. You may not have one, in which case you need to provide a valid reason as to why that is the case.

However, we also provide a free simulator that can show you all the aid you are entitled to. Indeed, you may be missing out on a bunch of financial aid. And again, it’s completely free!

Whistleblowing: what happens after I made my claim?

You may have made your claim to a tribunal. Typically, it will take 28 days for you to receive a reply to your original claim. Then, it will be up to the tribunal to decde if your case warrants a full hearing. 

Afterwards, you may have to go to a preliminary hearing and organize documents and witnesses that will help your case. As such, make sure that information and witnesses related to your whistleblowing are ready to go. 

What is the difference between wrongdoing that can and cannot be whistleblowing?

There are certain things that you can ‘blow the whistle’ on and be protected by law. However, there are others where you might not. Indeed, this is the case for discrimination that does not impact the greater public. However, you or other people may still be discriminated against at work.

This is an important distinction to understand. However, it’s important to know how you are protected as well. Indeed, there are certain characteristics that employers and employees cannot discriminate against. Indeed, they are as follows:

In fact, your employer cannot discriminate against you because of one of your protected characteristics. Furthermore, if they or an employee does so, you can raise a grievance.