The UK Government consults on potential changes to whistleblowing law

The Government has launched a consultation on whether current whistleblowing law is working effectively and, if not, how it should be reformed.

The consultation seeks views on the operation of the whistleblowing framework in the Employment Rights Act 1996, which protects employees and certain others who report wrongdoing in the public interest from dismissal and other forms of retaliation.  

The consultation covers the following key areas for potential reform.

Protected individuals

Whistleblowing protection already applies to a fairly wide group, including employees, workers, agency workers, and trainees (referred to below as 'Workers'). However, the consultation seeks views on whether to expand this further to additional groups such as charity trustees, non-executive directors, volunteers, job applicants (outside the NHS) and certain self-employed individuals.  

The Government believes that the following factors are relevant:

• the likelihood that the person will encounter wrongdoing
• the importance of them making disclosures of wrongdoing in the public interest
• the vulnerability of the person to retaliation, including risks to livelihood or reputation
• whether the person has alternative reporting routes or protections available.

The Government’s initial view is that some groups commonly suggested for inclusion, such as volunteers, may not meet these criteria and others, such as certain self-employed individuals, may have a stronger case for protection. 

Public interest test

To qualify for whistleblowing protection, a Worker must reasonably believe that their disclosure is in 'the public interest'. This is not defined in legislation and has been interpreted by Employment Tribunals in various cases, which some argue has created uncertainty. The Government seeks views on whether the test is operating effectively and whether updated guidance would be helpful.  

The list of wrongdoing

To qualify for whistleblowing protection, the individual must reasonably believe that their disclosure shows one or more of the types of wrongdoing listed in the Employment Rights Act 1996 has occurred, is occurring, or is likely to occur (for example, a criminal offence or breach of a legal obligation). As AI technologies continue to evolve, new opportunities and risks may emerge, including to risks to public safety, national security, and the security and resilience of critical infrastructure. The Government seeks views on whether the existing categories of wrongdoing are sufficient to capture those risks, as well as those relating to the misuse of public funds or the misuse or abuse of authority.

Disclosure routes

Currently, Workers who report concerns internally to the employer or to their legal adviser in the course of obtaining legal advice need not show that the information disclosed is 'substantially true'. Those who make disclosure to 'prescribed persons' under the legislation (e.g. a regulator) do need to comply with this higher threshold. The Government seeks views on whether this higher threshold deters Workers from making disclosures to prescribed persons and unnecessarily complicates the law. It is also interested in whether additional disclosure routes are needed for raising concerns at an early stage, such as to a trade union official.

Policies and procedures

Government guidance currently encourages employers to have whistleblowing policies and procedures in place. Guidance also recommends that employers keep the whistleblower's identity confidential and only share it when necessary. However, these are not legal requirements.  

The Government seeks views on two possible options for reform:

• revised and more detailed non-statutory guidance to help employers handle whistleblowing disclosures
•  a new statutory duty requiring employers to have appropriate and effective procedures for handling whistleblowing disclosures and a policy for explaining these procedures to Workers.

In relation to the latter, proposals include applying the duty to all public sector employers (regardless of size) and private sector employers with 50 or more employees and introducing civil penalties for non-compliance. 

Interim relief

Workers who are employees and who claim they were dismissed for whistleblowing can apply for 'interim relief' within 7 days. If granted, an Employment Tribunal can order reinstatement, re-engagement, or continued pay until the case is decided. The consultation asks whether the deadline for applying for interim relief should be extended from 7 to 14 days.

Central whistleblowing body

Some have called for a new whistleblowing body – an independent 'Office of the Whistleblower' - that could receive disclosures and direct them to the appropriate prescribed person (currently a list of more than 90), as well as supporting wider whistleblowing functions (e.g. promoting good practice). The Government’s initial view is that this is not necessary, but the consultation invites feedback on it and whether an AI-assisted tool to help Workers identify the correct prescribed person would be more proportionate. 

The consultation also seeks views on a proposal for the Serious Fraud Office (SFO) to introduce a scheme that would reward people who provide information about economic crimes and associated criminal offences. The aim is to encourage more people to come forward with information, strengthening the SFO’s ability to investigate and prosecute serious fraud, bribery and corruption.  

Comment

Given the significant changes being introduced by the Employment Rights Act 2025, employers could be forgiven for feeling concerned about this consultation, which potentially changes another area of employment law.  It appears that some of the proposals in the consultation (e.g. the 'Office of the Whistleblower') may never come to fruition.  However, others (such as the expansion of the group of protected individuals) could provide individuals with additional protection in an area that can have financial, reputational and regulatory consequences for employers.  Given the direction of travel, it seems sensible for employers to review their existing whistleblowing policies now to ensure they are adequate (e.g. in relation to the confidentiality of whistleblowers) and that they reflect new risks of misconduct such as AI.

The consultation closes at 11.59 pm on 8 January 2027. If you have any views that you would like the employment team to express on your behalf, please don't hesitate to get in touch. If you would prefer to respond directly you can do so using the link above.

This article is authored by Melissa Paz, special counsel in the UK employment team.