Read more articles in: Amanda Hyam, Blog, Employment Law

Have you witnessed wrongdoing in the workplace? Know your rights as a whistleblower

If you witness wrongdoing in your workplace, it can put you in an incredibly difficult position.

You may feel worried about the consequences of speaking up or concerned about the security of your job.

However, recent reforms in the Employment Rights Act 2025 recognise these challenges and are set to give greater protection for whistleblowers.

When you understand your rights and how to raise a concern, you may feel more confident in speaking up for what is right.

What is whistleblowing?

A whistleblower is someone who reports certain types of wrongdoing that are in the public interest.

This usually involves something you have seen at work, but it can also include concerns about behaviour that has already happened or that you reasonably believe will happen in the future.

If you make that qualifying disclosure, you are protected by the law and should not be treated unfairly or dismissed because you have spoken up.

You are legally protected if you report:

Criminal offences, such as fraud
Risks to health and safety
Environmental damage
A miscarriage of justice
Breaches of legal obligations, such as operating without proper insurance
Attempts to cover up wrongdoing

Personal grievances, such as bullying or discrimination, are not usually classed as whistleblowing unless they raise public interest concerns.

However, recent reforms in the Employment Rights Act look to further protect employees from sexual harassment by making employers legally responsible for preventing it from happening and will make the distinctions between grievances and whistleblowing more important to understand.

Who is protected by whistleblowing legislation?

Whistleblowing protection applies to a range of individuals, including employees, agency workers, trainees, Limited Liability Partnership (LLP) members and NHS practitioners.

Under the UK Employment Rights Act 2025, protections are being expanded to include gig economy workers, the self-employed, trustees and even job applicants.

The new legislation also confirms that confidentiality or gagging clauses cannot prevent a worker from making a protected disclosure and any attempt to do so is unenforceable.

What should you do if you witness wrongdoing as a whistleblower?

If you witness wrongdoing in the workplace, it is important that you understand the right steps to take so you can protect yourself and the integrity of your disclosure.

These steps include:

Recording what you have seen or become aware of – Take notes of dates, times, locations, individuals involved and any relevant documentation. Keeping a clear and factual record can be extremely helpful if the matter is later investigated.
Checking your employer’s whistleblowing policy – Many companies set out clear procedures for reporting any concerns and usually have an allocated person you can disclose this to. Raising the issues internally with your employer is often the first step, but it may not be the right option for every situation.
Report your concerns to a prescribed person or regulator – If you do not feel comfortable reporting the matter internally, you should contact an organisation that has responsibility for overseeing this issue. This can include a regulator or professional body.
Raising concerns confidentially or anonymously – You can raise concerns anonymously, but this can sometimes limit the ability to investigate fully. If you do provide your name, you should make it clear if you want your identity to be kept confidential.

If you are unsure of the best way to report your concerns or how to do so, you should seek legal support as soon as possible.

It is important to do this before you make a disclosure to an external body or sign an agreement that contains a confidentiality clause.

While gagging clauses cannot prevent protected disclosures, taking advice can help make sure your whistleblowing rights are fully protected.

What if you are treated unfairly after whistleblowing?

If you are dismissed or suffer detriment because you have blown the whistle, you may be able to bring a claim in the Employment Tribunal.

The Employment Rights Act will now place a duty on employers to investigate whistleblowing concerns and take reasonable steps to avoid harm, including sexual harassment.

If you believe you have been unfairly dismissed, you should reach out for legal support to review the evidence and potentially make a claim.

How can we support you with whistleblowing?

Whistleblowing cases can be intimidating and we can advise you on whether your disclosure is protected and guide you through the reporting process.

Our experienced Employment Law team can review settlement agreements and confidentiality clauses and support you if you experience unfair treatment as a result of whistleblowing.

You do not have to face whistleblowing concerns on your own. We are here to help you.

For further advice or guidance, contact our team today.

Amanda Hyam

Head of Dispute Resolution and Employment

I have specialised in Dispute Resolution, Civil Litigation and Employment law for more than 15 years. I understand how daunting the prospect of litigation can be and because of this I am always available to discuss concerns.