Whistleblowing & Protected Disclosure
UK whistleblowing law gives workers strong protections when they speak up about wrongdoing. The Public Interest Disclosure Act 1998 inserted whistleblowing rules into the Employment Rights Act 1996, making it automatically unfair to dismiss someone — and unlawful to subject them to any detriment — because they made a "protected disclosure."
Cases on file
479
Claimant win rate
38%
Cases reaching a determination
Median damages awarded
£12,608
Where compensation was awarded
How claims actually progress
Many unfair dismissal claims never reach a hearing on the merits — they're struck out, out of time, or fall outside the tribunal's jurisdiction. This is independent of why the dismissal happened.
387
81% of allTribunal decided whether the dismissal was fair.
41
9% of allClaim ended early — usually for non-attendance, non-compliance, or no reasonable prospect.
29
6% of allClaim filed after the 3-month limit and not extended.
18
4% of allClaimant lacked two years’ service, the right employment status, or the tribunal had no power to hear it.
4
1% of allClaim resolved without a hearing.
How the protection works
Whistleblowing protection is split into two separate routes:
- Dismissal route — under section 103A ERA 1996, dismissal is automatically unfair if the reason or principal reason was that the worker made a protected disclosure. No minimum service required. Uncapped compensation.
- Detriment route — under section 47B ERA 1996, a worker has a right not to be subjected to any detriment (demotion, withdrawal of opportunities, harassment) on the ground that they made a protected disclosure. Available to workers, not just employees.
In practice many cases run both heads — dismissal as the headline detriment, with smaller detriments (denying training, withholding bonuses) layered on top.
What tribunals look for
The hard fights in these cases are usually:
- Was the disclosure "qualifying"? The worker has to identify the specific information they disclosed and show it tended to show one of the six categories of wrongdoing. Vague complaints about "the way things are run" rarely qualify.
- Was it in the public interest? Since Chesterton Global Ltd v Nurmohamed (2017), tribunals apply a multi-factor test — number of people affected, nature of the wrongdoing, seriousness, identity of the wrongdoer. Pure personal grievances usually fail this hurdle.
- Was it the reason for the treatment? The employer almost always argues the worker was dismissed for performance, conduct, or some other ground. The tribunal has to decide what the principal reason was.
Common employer mistakes
- Treating a regulatory complaint as misconduct
- Restructuring shortly after a disclosure and selecting the whistleblower
- Failing to investigate the disclosure itself before disciplining the discloser
- Issuing settlement agreements with broad confidentiality clauses (now restricted by the Worker Protection Act 2023)
- Subjecting the whistleblower to social isolation, removal of duties, or "constructive" detriments
Interim relief — a unique remedy
In whistleblowing dismissal cases, the worker can apply for interim relief within seven days of dismissal. If granted, the tribunal orders the employer to continue paying the worker until the full hearing — often months later. It's a powerful but rarely-used remedy: it requires showing the substantive claim is "likely" to succeed.
Cases on Whistleblowing
Showing the 20 most recent of 479 cases
Agency worker supplied to NHS Trust v Royal Free London NHS Foundation Trust
An agency worker who withdrew her employment tribunal claims and then tried to revoke the withdrawal has had her case dismissed. The tribunal ruled the withdrawal was valid and could not be undone.
Dismissed · Dec 2025Dismissed—Dec 2025Former employee v Department for Work and Pensions
A former employee who failed to attend his own unfair dismissal hearing and ignored tribunal orders has been ordered to pay the Department for Work and Pensions nearly £10,000 in costs.
Lost · Mar 2025Lost—Mar 2025Community Development Manager (2 years' service) v Spelthorne Borough Council
A Community Development Manager who claimed she was dismissed for whistleblowing lost her case. The tribunal found the council's decision was due to an irretrievable breakdown in working relationships, not her protected disclosures.
Lost · Jan 2025Lost—Jan 2025Junior doctor (specialist registrar in Emergency Medicine) v Lewisham and Greenwich NHS Trust
A junior doctor's attempt to obtain a wasted costs order against the solicitors for an NHS Trust was dismissed because a 2018 settlement agreement precluded the application and there was no improper conduct.
Lost · Dec 2024Lost—Dec 2024Chartered accountant (former employee) v Bennbridge Services LLP
A former chartered accountant who made multiple applications to amend her whistleblowing and sex discrimination claims avoided a costs order, even though most amendments were refused. The tribunal said her conduct was not unreasonable or vexatious.
Lost · May 2024Lost—May 2024Installations Manager (20 years' service) v Park Lane Windows Ltd
A long-serving installations manager was constructively dismissed after being demoted twice without consultation. The tribunal awarded £24,331.
Partial · £24,331 · Dec 2023Partial£24,331Dec 2023Before and after school club leader (2 years' service) v The Governing Body of St Michael’s Church of England School Middleton
A before and after school club leader who refused to attend work during the pandemic claiming serious and imminent danger has lost her unfair dismissal claim. The tribunal found her belief was not reasonable given the school's risk assessments.
Lost · Dec 2023Lost—Dec 2023Former employee v Kings College London Florence Nightingale Faculty of Nursing, Midwifery and Palliative Care
A former employee's unfair dismissal claim against Kings College London was struck out because they did not have the required two years' service. Their discrimination claims were dismissed after a hearing.
Dismissed · Dec 2023Dismissed—Dec 2023Care home manager (7 months' service) v Porthaven Care Homes No2 Ltd
A care home manager who claimed he was automatically unfairly dismissed for raising concerns about resident safety lost his case. The tribunal found the decision-maker did not know about the disclosures and dismissed him for genuine belief in gross misconduct.
Lost · Dec 2023Lost—Dec 2023Healthcare assistant (1 year 6 months' service) v Barchester Healthcare Limited
A healthcare assistant who waited over two years to bring a whistleblowing and discrimination claim after his dismissal had his case dismissed as out of time. The tribunal found it was reasonably practicable to have presented the claim within the statutory time limit.
Dismissed · Dec 2023Dismissed—Dec 2023Former employee v Zhero Limited
A tribunal granted an employer's late application to defend a claim but ordered it to pay costs for unreasonable conduct, while dismissing a wasted costs application against its former representative.
Partial · Dec 2023Partial—Dec 2023Lead Software Consultant (6 years' service) v ICT Infotech Ltd
An employment tribunal struck out a Lead Software Consultant's whistleblowing detriment and automatically unfair dismissal claims, leaving only an ordinary unfair dismissal claim to proceed. The tribunal also refused the employer's bid to strike out the remaining claim due to the claimant's conduct.
Dismissed · Dec 2023Dismissed—Dec 2023Approved Mental Health Professional (agency worker) v North Yorkshire Council
An Approved Mental Health Professional who withdrew from work citing serious danger lost his whistleblowing and health and safety detriment claims. The tribunal found his concerns did not amount to a protected disclosure or a reasonable belief of imminent danger.
Lost · Dec 2023Lost—Dec 2023Senior Contracts Attorney v Calabrio UK Limited
A senior contracts attorney lost her bid for interim relief after the tribunal found her redundancy was decided before she made protected disclosures about sanctions risks. The claim was dismissed.
Dismissed · Dec 2023Dismissed—Dec 2023Former employee (31 years' service) v Wolseley UK Limited
A tribunal has ruled that Wolseley UK Limited fairly dismissed a long-serving employee by reason of redundancy, rejecting claims of age discrimination, harassment, and victimisation.
Lost · Dec 2023Lost—Dec 2023Former employee v Amey Services Limited
A former employee who sent threatening emails to colleagues and called a witness a liar outside the tribunal room had his unfair dismissal claim struck out. The tribunal said a fair trial was no longer possible.
Dismissed · Dec 2023Dismissed—Dec 2023Business Development Manager (2 years 4 months' service) v Angry Creative (UK) Limited
A tribunal found that a Business Development Manager was unfairly dismissed because the real reason was his grievance, not redundancy. The case highlights the risks of dismissing a worker who has raised concerns.
Partial · Dec 2023Partial—Dec 2023Staff nurse (Band 5, previously Band 6 secondment) v Lewisham and Greenwich NHS Trust
A tribunal has dismissed all claims brought by a Band 5 staff nurse against Lewisham and Greenwich NHS Trust, including constructive dismissal, whistleblowing detriment, and discrimination on grounds of race, age, and religion.
Lost · Dec 2023Lost—Dec 2023Consultant ophthalmologist (8 years' service) v University Hospitals of Morecambe Bay NHS Foundation Trust
An NHS consultant who stopped on-call duties and refused to engage with his clinical lead was fairly dismissed for a breakdown in trust and confidence, the tribunal has ruled.
Lost · Dec 2023Lost—Dec 2023Former employee v CSH Surrey
A former employee's disability discrimination claim against the CEO of CSH Surrey was struck out after she failed to particularise any specific allegations against him. The tribunal found the claim had no reasonable prospects of success.
Dismissed · Dec 2023Dismissed—Dec 2023
Use the filters above to drill into specific outcomes, damages ranges, or years.
Frequently asked
- What is a "protected disclosure"?
- A disclosure qualifies if the worker reasonably believes it tends to show one of six categories of wrongdoing (criminal offence, breach of legal obligation, miscarriage of justice, danger to health and safety, environmental damage, or deliberate cover-up) AND that the disclosure is in the public interest. The "reasonable belief" test means the worker doesn't have to be right — they have to honestly and reasonably believe it.
- Do I need two years' service to claim?
- No. Whistleblowing dismissal is "automatically unfair" under section 103A ERA 1996, which means there's no minimum service requirement. Compensation is also uncapped.
- What's the difference between "protected disclosure" and "public interest disclosure"?
- They're the same thing. The legislation introducing the protections was the Public Interest Disclosure Act 1998 (PIDA), and the gov.uk Employment Tribunal Service still classifies these cases as "public interest disclosure". In legal practice, "protected disclosure" is the more common day-to-day term.
- Who do I have to disclose to?
- The simplest route is disclosure to your employer (s.43C ERA). Disclosures to specific prescribed regulators (HSE, FCA, ICO, etc.) are also protected (s.43F). External disclosures — to MPs, press, or other third parties — have stricter requirements and need to be "reasonable in all the circumstances".
- What can I claim if I win?
- Uncapped compensation for financial loss, plus injury to feelings under the Vento bands (currently up to about £58,700). Interim relief — keeping you on full pay while the claim is determined — is also available if you apply within seven days of dismissal.