Whistleblowing Advice for Employees

Practical, risk-focused advice for employers managing whistleblowing concerns, investigations and claims.
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Whistleblowing Advice for Employees

Raising concerns at work can feel risky, particularly if you are unsure how your employer will respond. Getting the right advice early can make a significant difference to how things unfold.

We advise employees, workers and senior executives on whistleblowing and protected disclosures – from deciding whether to raise concerns through to dealing with the consequences.

If you have already spoken up and are facing difficulties at work, we can help you understand your rights and options, including whether you may have a claim. Our approach is practical, discreet and focused on protecting your position.

If you are thinking about raising concerns, it is important to understand where you stand before taking any action. 

We can advise on whether your concerns are likely to qualify as a protected disclosure and how best to raise them. This includes guidance on who to report to, whether to do so internally or externally, and how to present your concerns clearly. 

Taking advice at this stage can help you avoid common pitfalls and reduce the risk of problems later on. 

If you have already raised concerns and things have become difficult, it is important to understand your legal protections. 

We advise on situations where employees experience negative treatment after whistleblowing, such as changes to role, exclusion, disciplinary action or dismissal. We can assess whether this may amount to unlawful detriment or automatic unfair dismissal. 

We also support you in deciding next steps, whether that is raising the issue internally, negotiating an exit, or pursuing a legal claim.

Whistleblowing claims can be complex, particularly where there are disputes about what was said and why decisions were made. 

We represent employees in Employment Tribunal claims for whistleblowing detriment and dismissal. We will assess the strength of your case, gather evidence and guide you through the process. 

Where possible, we also explore settlement options to achieve a practical resolution without the need for lengthy proceedings. 

In some cases, the best outcome might be to resolve matters and move on. 

We advise on negotiating exits following whistleblowing concerns. Our focus is on securing a fair outcome that reflects your position and protects your future career. 

We handle negotiations carefully and discreetly, ensuring your interests are properly represented.

Key contact

Alistair McArthur PNG
Alistair McArthur
Partner, Head of Employment

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Alistair McArthur PNG
Alistair McArthur
Partner, Head of Employment
Darren-Smith
Darren Smith
Partner
Matt Jenkin PNG
Matt Jenkin
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Hannah King PNG
Hannah King
Legal Director
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Alex Harper
Senior Solicitor
Sam Gray PNG
Samuel Gray
Senior Solicitor
Tom-Hyatt-PNG
Tom Hyatt
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Cassie Blackledge PNG
Cassie Blackledge
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Victoria Wootton
Solicitor
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Katherine Bridge
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Isabella Milnes-James
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Maryam Nackvi PNG
Maryam Nackvi
Solicitor
Jo Boxhall PNG
Jo Boxhall
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Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

A protected disclosure is a whistleblowing report that is protected by law. It occurs where a worker discloses information that they reasonably believe is in the public interest and tends to show that wrongdoing has occurred, is occurring, or is likely to occur. Examples of wrongdoing include criminal offences, breaches of legal obligations, risks to health and safety, environmental damage, or the concealment of any such matters. From April 2026, disclosures relating to sexual harassment in the workplace may also be classified as a protected disclosure.

A protected disclosure can be made by a wide range of individuals, not just employees. Legal protection is available to most workers, including employees, agency workers, apprentices, trainees, certain self-employed professionals in the NHS, and some contractors. Protection generally applies from the start of the working relationship and can continue even after an individual has left the organisation. Whether a disclosure is protected will depend on the individual’s status and whether the legal requirements for whistleblowing have been met.

Answer: Yes. All employees are entitled to blow the whistle and make a protected disclosure.

It is likely that your employer has a whistleblowing policy which details how you should raise a protected disclosure.  In the event there is not a designated person to whom you should raise your concerns with you should raise this with your line manager in the first instance.

You can also make a protected disclosure to an external body or agency such as a regulatory body.

An employee who makes a protected disclosure is protected by the Employment Rights Act and is protected against being dismissed or subjected to any detriment as a result of the protected disclosure.

A detriment could be classified as being subjected to disciplinary action or being refused a promotion or alternative opportunity in the Company.  If you were subsequently dismissed for raising a protected disclosure, the dismissal could amount to an automatically unfair dismissal.

It may be possible to raise concerns anonymously, depending on the reporting procedure being used. However, anonymity can sometimes make it more difficult for concerns to be investigated fully. Whether legal protection applies will depend on the circumstances of the disclosure and the evidence available.

Still have questions?

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