13. Whistleblowing

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Under the Public Interest Disclosure Act 1998 (PIDA), employees and workers who disclose information about certain types of alleged wrongdoing at work (“whistleblowing”) have specific rights, including the right not to suffer a detriment or be victimised, and for employees, the right not to be unfairly dismissed for blowing the whistle.

In Northern Ireland, the equivalent law is the Public Interest Disclosure (Northern Ireland) Order 1998. Northern Ireland whistleblowing law is broadly the same as that of the rest of the UK.

Whistleblowing law is very complicated and contains many pitfalls. Anyone contemplating blowing the whistle should seek expert advice. One of the best sources of advice is national charity Protect, which used to be called Public Concern at Work (www.pcaw.org.uk). They run a helpline. This Chapter contains a brief summary of the law.

LRD has produced a more comprehensive guide in a new booklet for union reps, Whistleblowing, published in October 2019.

There is a non-statutory Code of Practice on Whistleblowing published by the Department for Business, Energy and Industrial Strategy. Because it is non-statutory, employers do not have to follow it and tribunals do not have to consider it.

Many large employers have formal whistleblowing policies, providing confidential procedures for workers to use to disclose wrongdoing through internal channels. Where they are available, they should be followed.