The Public Interest Disclosure Act 1998 amends the Employment Rights Act 1996 to protect workers who make certain disclosures in the public interest. These disclosures, known as 'protected disclosures,' must meet specific criteria to qualify for protection. The Act prohibits employers from subjecting workers to detriment or dismissing them because they made a protected disclosure. It also provides workers with routes to employment tribunals to seek remedies such as compensation or interim relief.
Main laws
United Kingdom Act
Public Interest Disclosure Act 1998
The Public Interest Disclosure Act 1998 protects workers who raise concerns about wrongdoing at work.
Current legislationUnited KingdomPlain-English guide5 practical checks
Plain-English explainers, not legal advice. Use the linked official source for section-level detail, and get advice for your situation.
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Quick read
- The Public Interest Disclosure Act 1998 protects workers who make certain disclosures from dismissal or other detriment.
- For businesses, this means ensuring that concerns about wrongdoing, safety, or legal breaches are handled appropriately and without retaliation.
Likely relevant if
- Employers in the UK with staff who may raise concerns about wrongdoing
- Businesses in regulated sectors where whistleblowing is more likely
- Companies with mixed workforces, including agency workers or contractors
Check first
- Do not subject a worker to detriment because they made a protected disclosure.
- Do not dismiss a worker for making a protected disclosure.
- Maintain clear records of how disclosures are handled.
What the Act does
Practical sense check
- Understand what qualifies as a protected disclosure under the Act
- Ensure workers are not subjected to detriment for raising concerns
- Avoid dismissing workers for making protected disclosures
- Be aware of employment tribunal routes for whistleblowing claims
- Maintain clear records of how disclosures are handled
Who is covered under the Act
The Act protects workers who make qualifying disclosures in the public interest. This includes employees, agency workers, contractors, and others in a work-related context. Special provisions apply to Crown employment, police officers, and work outside Great Britain. Businesses should assume that anyone raising a concern about wrongdoing, safety, or legal breaches may be covered, and handle the concern seriously while assessing the worker's status under the law.
Key points
- Employees are the primary group protected under the Act
- Agency workers and contractors may also be covered
- Special rules apply to Crown employees and police officers
- Cross-border roles require careful analysis of coverage
- Handle concerns seriously first, then confirm legal status
Trigger points for whistleblowing disputes
Whistleblowing disputes often begin informally, such as through an email, meeting note, or verbal complaint. Common triggers include concerns about safety, legal breaches, dishonesty, or cover-ups. Businesses should be alert to situations where a worker raises a concern shortly before a disciplinary action, redundancy decision, or dismissal, as these may lead to claims of retaliation under the Act.
Practical sense check
- A worker reports a legal, safety, or compliance concern
- A concern is raised shortly before dismissal or disciplinary action
- A manager reacts defensively or labels the worker disloyal
- The worker is excluded, moved, or treated differently after reporting
- Redundancy or performance issues arise soon after the disclosure
Key obligations for businesses
Under the Act, employers must not subject workers to detriment or dismiss them for making protected disclosures. Employers should also be prepared for employment tribunal claims where workers allege retaliation. While the Act does not mandate specific processes, businesses can reduce risk by having clear reporting routes, investigating concerns fairly, and ensuring that management decisions are evidence-based and not influenced by the disclosure.
Practical sense check
- Do not subject workers to detriment for making protected disclosures
- Avoid dismissing workers for whistleblowing
- Maintain clear records of how disclosures are handled
- Separate performance or disciplinary actions from the disclosure
- Be prepared for employment tribunal claims
Building a whistleblowing process
Small businesses can benefit from a straightforward whistleblowing process. This should include clear instructions for reporting concerns, designated contacts for receiving disclosures, and a commitment to confidentiality. Businesses should also explain that retaliation is not acceptable and provide a basic timeline for investigating and responding to concerns. A simple, workable process can help businesses manage whistleblowing risks effectively.
Practical sense check
- Create a short written whistleblowing policy
- Name at least one reporting contact and a backup contact
- Allow concerns to be raised in writing or verbally
- Set a basic investigation and response timeline
- Explain that retaliation is not acceptable
Common questions
Who is protected under the Act?
Workers, including employees, agency workers, and contractors, may be protected if they make a qualifying disclosure under the Act.
What counts as a protected disclosure?
A disclosure is protected if it concerns wrongdoing such as criminal activity, safety risks, legal breaches, or environmental damage, and is made in the public interest.
What should businesses do to comply?
Businesses should create a clear whistleblowing process, train managers to handle disclosures appropriately, and avoid retaliatory actions against workers who raise concerns.
What happens if a worker is dismissed for whistleblowing?
The worker may bring a claim to an employment tribunal for unfair dismissal, and the tribunal can award compensation or order interim relief.
Does the Act apply to workers outside Great Britain?
The Act includes provisions for work outside Great Britain, but businesses should seek legal advice to confirm coverage in specific cases.