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What is 'whistleblowing'?
The Public Interest Disclosure Act 1998 sets out the circumstances in which a disclosure of wrongdoing or malpractice will be protected. The worker must have a reasonable belief that there is some malpractice.
Examples of the type of malpractice covered by the Act include:
- criminal offences;
- non-compliance with the law;
- miscarriage of justice;
- danger to health and safety; and
- environmental damage.
Normally, a disclosure should first be made internally, to the employer. If your employer has a whistleblowing policy or confidential reporting policy, use this to report your concerns.
Whistleblowing laws are extremely complicated. These laws are widely recognised by unions and campaigners as being 'unfit for purpose', especially because of their complexity. Before deciding whether or how to report a concern about malpractice, you should contact the expert whistleblowing charity Public Concern at Work for free confidential advice.
Workers who knowingly make false allegations of malpractice will not be protected by the Act, and are likely to face disciplinary action from their employer.
If you believe you have suffered a detriment as a result of making a protected disclosure (e.g. you have been disciplined, or are being bullied or ostracised by your colleagues), you can complain to an employment tribunal. However, be aware that before bringing a tribunal claim, you should normally first use your employer's grievance procedures to complain about the detriment. Seek the help of your union if you are a member.
Acas early conciliation applies to all tribunal claims, including claims based on whistleblowing. You can find more information about bringing a tribunal claim, including Acas early conciliation in our Enforcing your Rights section.