Increasing numbers of whistleblowing cases are making their way through the Employment Tribunals, impacting a variety of sectors from financial services to healthcare. This is hardly surprising given the increased emphasis on speaking up post #MeToo and following a number of high-profile cases, including those involving the Post Office, Formula1 and Harrods, thereby encouraging employees to speak up.
Last year the Financial Times reported a 92% increase in whistleblowing claims in the Employment Tribunals between 2015 and 2023. FCA whistleblowing quarterly data also shows a trend towards increased whistleblowing reports, with 405 new reports in Q3 2025 compared to 322 reports for the same period in 2024. It certainly seems that this trend will continue for the time being – particularly as whistleblower protection is due to be extended further under the Employment Rights Bill.
This is, of course, good news for the promotion of transparency and accountability in the workplace, but the heightened importance of managing whistleblowing disclosures is understandably worrying for employers. In this article we have outlined some key reminders and pointers to help employers navigate this trend.
Current whistleblowing framework
The protection provided by whistleblowing legislation covers employees, workers, agency workers, members of limited liability partnerships and judicial officeholders. These individuals are protected from being subjected to detrimental treatment, such as bullying, or being excluded from responsibilities, because they have made a ‘protected disclosure’ (i.e. whistleblown). Employees have additional protection if they are dismissed because they have made a protected disclosure, rendering the dismissal automatically unfair.
Unlike ‘ordinary unfair dismissal’ there is no minimum service requirement in order to bring a whistleblowing claim and there is no cap on the amount of compensation that may be awarded in whistleblowing claims.
However, there are a number of hurdles that an individual must overcome before they qualify for the statutory protections.
- They must show that they have made a ‘qualifying disclosure’, being:
A) a disclosure of information;
B) which in their reasonable belief tends to show one or more of the six types of malpractice specified in s.43B Employment Rights Act 1996 (e.g. a breach of a legal obligation); and
C) they must have a reasonable belief that the disclosure is in the public interest. - The individual must prove causation between the protected disclosure and the detrimental treatment or the dismissal – in the latter case they must show that the protected disclosure was the reason of principal reason for the dismissal.
Whistleblowing changes in the ERB
The Employment Rights Bill (ERB) proposes to broaden the scope of protected disclosures by introducing sexual harassment as a new category of wrongdoing for whistleblowing disclosures. While this change is really more of a clarification, as wrongdoing of this type may already be brought under existing categories, it certainly makes the position more explicit and may well encourage individuals to speak up on this basis. The change is expected in April 2026 and will in turn mean that NDAs will not be able to be used to stop individuals from disclosing information relating to sexual harassment. Note also that we are expecting changes to NDAs so that provisions which prevent disclosure of harassment or discrimination, or disclosures in respect of the employer’s response to harassment or discrimination will be void, subject to some caveats (which are under consultation).
It is also worth noting another possible development in whistleblowing enforcement: a Private Members’ Bill is currently going through the House of Commons which seeks to establish an Independent Office of the Whistleblower. This is intended to “set, monitor and enforce standards for the management of whistleblowing cases”.
Interim relief
A particular concern for employers related to the rise in whistleblowing cases is the matter of interim relief (IR). In automatic unfair dismissal claims where whistleblowing is alleged to be the cause, a claimant can seek an order that their employer restore them to their role or pay their salary until the final hearing. Given the backlogs in the Tribunal system at present, a successful IR application may be very costly.
Employers can take some comfort in that IR is not often granted, as the threshold claimants have to meet is very high. However, these applications should still be treated with caution, not only because of the financial implications of failure, but also because they will be heard publicly and because of the possible implications for the wider case. IR applications must be dealt with very quickly (usually within a matter of days) which carries a risk of factual mistakes which can have ramifications for the case further down the line.
We consider that applications will become more common as backlogs in the Tribunals show no signs of improving. Employers should be vigilant, act quickly and take legal advice if faced with such an application.
What can employers do?
- Culture: fostering a culture where employees feel able to raise concerns is crucial for effective whistleblowing – and in turn, for effective remedial action internally. This involves visible support for those who speak up and the operation of clear and effective practices and procedures.
- Clear policies and practices: we recommend having a specific whistleblowing policy (regardless of the business’s size) and appropriate practices to implement it in place. This should clearly set out reporting channels and how concerns will be dealt with.
- Training: comprehensive and regular training is essential to ensure fair, consistent and legally compliant responses to disclosures – particularly with incoming changes.
- Independence: ensure that disclosures are investigated independently and, where possible, confidentially to avoid third party interference.