By Kathryn Rodgers, Face2FaceHR
What employers need to know.
Whistleblowing is becoming a more common feature in workplace disputes-and not always in the way employers expect. Increasingly, we’re seeing it raised alongside other claims, particularly as a way for employees to strengthen their position in situations such as dismissal.
With upcoming changes set to bring sexual harassment more clearly into the scope of whistleblowing, now is the time for businesses to understand what it means, what qualifies as a protected disclosure, and how to manage the risks.
What is whistleblowing?
In simple terms, whistleblowing is when a worker reports wrongdoing in the public interest. This could include criminal activity, breaches of legal obligations, health and safety risks, or attempts to cover these up.
For a disclosure to be legally protected, it must meet certain criteria. It’s not enough to raise a complaint-the worker must reasonably believe the information is true and that it’s in the public interest, rather than purely a personal grievance.
However, the line between a grievance and a protected disclosure isn’t always clear, which is where many employers run into difficulty.
Why it matters more now
We’re seeing a rise in whistleblowing claims, often linked to disciplinaries or dismissals. In some cases, concerns are raised shortly before or during formal processes, making it more challenging for employers to proceed without risk.
Sexual harassment is also expected to fall more clearly within whistleblowing protections later this year. This means complaints in this area may carry additional legal weight, increasing the risk of claims such as automatic unfair dismissal or detriment if handled incorrectly.
What counts as a protected disclosure?
A disclosure is likely to be protected if it:
Relates to a relevant wrongdoing (e.g. legal breach, health and safety risk, discrimination or harassment)
Is something the worker reasonably believes to be true
Is made in the public interest
Is raised through an appropriate channel
Even if the concern turns out to be incorrect, it can still be protected if the belief was reasonable at the time.
How employers can protect themselves
Preparation and consistency are key. Employers should:
Have a clear whistleblowing policy in place
Train managers to recognise potential disclosures
Take all concerns seriously, even if raised informally
Avoid reactive decision-making, especially around disciplinary action
Keep clear records of decisions and reasoning
It’s also important to separate the issue from the individual. Raising a concern doesn’t prevent action on unrelated performance or conduct- but timing and handling are critical.
Final thoughts
Whistleblowing doesn’t have to be a risk-it can help identify issues early and protect your business in the long run. But it must be handled carefully.
As the legal landscape evolves, particularly around sexual harassment, businesses that take a proactive approach will be in a much stronger position. If you’re facing a whistleblowing concern or want to strengthen your approach, now is the time to act. Proactive support can help you manage risk, stay compliant, and handle situations with confidence.
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