Developments in Whistleblowing Law: Why Whistleblowing Should be a Key Focus for Employers in 2026

Whistleblowing has become one of the most legally sensitive and operationally challenging areas facing HR. Recent legal judgments continue to refine the boundaries of protection, while government reviews and legislative proposals signal even greater organisational responsibilities on the horizon. HR leaders therefore need to understand not only the current law, but the direction in which it is moving.

With that, we look at the current whistleblowing legal framework and whistleblowing case law, as well as whistleblowing law changes in 2026 which are on the horizon.

The current UK whistleblowing legal framework

Whistleblowing protection in the UK sits primarily within the Public Interest Disclosure Act 1998 (PIDA), which safeguards workers who raise concerns in the public interest. There are two levels of protection for whistleblowers:

• Automatically unfair dismissal: The dismissal of an employee will be automatically unfair if the reason, or principal reason, for their dismissal is that they have made a “protected disclosure”.
• Detriment: Workers are also protected from being subjected to any detriment on the ground they have made a protected disclosure.

To qualify for protection, individuals must disclose information—not just express worry—about specific categories, such as:

• Criminal offences
• Health and safety risks
• Breach of a legal obligation
• Concealment of wrongdoing

They must also reasonably believe that the information tends to show one of the relevant failures and that they are acting in the public interest.

For HR, the essence of the law comes down to three issues: who is protected, what constitutes a disclosure, and why any detriment or dismissal occurred.

What recent whistleblowing case law tells us

Who counts as a “Worker” for the purposes of whistleblowing protection?

Recent cases remind us that whistleblowing protection still has gaps. Only employees are protected against unfair dismissal as a result of having made a protected disclosure. A worker (which includes employees) is protected against detriment for having blown the whistle, including after their engagement with the employer has terminated.

Job applicants (save for those applying for roles with the NHS) cannot currently bring detriment claims, as confirmed in the Court of Appeal case of Sullivan v Isle of Wight Council.

Conversely, the Employment Appeal Tribunal case of MacLennan v British Psychological Society suggests tribunals may be open to arguments that individuals in atypical roles, such as officeholders or those not yet formally employed, should benefit from protection—especially where human rights considerations arise.

Injury to feelings awards

The 2024 Employment Appeal Case of Durey v South Central Ambulance Service reaffirmed that claimants can recover injury-to-feelings compensation in whistleblowing detriment cases.

This is significant: even where no financial loss occurs, poorly handled concerns can result in meaningful awards based on distress or humiliation.

HR should continue to treat whistleblowers with care, recognising the emotional and cultural dimensions alongside the legal ones.

The dismissal vs detriment claims divide

In Wicked Vision v Rice, the Court of Appeal has recently followed the previous decision in Timis v Osipov: a dismissal can simultaneously be treated as a detriment where co-workers’ actions are involved.

Whistleblowers are increasingly likely to bring parallel claims of detriment and unfair dismissal, against both the employer and any relevant individuals. This increases the potential liability on employers and the amount of compensation the whistleblower can receive.

Changes to the whistleblowing regime: what’s new and on the horizon?

The UK Government’s Independent Review

In July 2025, the government published the results of the previous Conservative government’s review of the whistleblowing framework. Whilst it didn’t contain formal recommendations, it identified a substantial number of suggestions for change to the current legal framework, including:

• Wider coverage for protection
• A clearer statutory definition of whistleblowing
• Improved standards for handling concerns
• The potential introduction of organisational duties to maintain effective whistleblowing procedures

Independent “Office of the Whistleblower”

The government has considered a potential new independent body, an “office of the whistleblower”, which remains on the table. If introduced, this is likely to make it much easier for whistleblowers to report wrongdoing and have their complaints taken seriously.

Changes to the prescribed persons regime

In May 2025, the government announced its intention to make certain amendments to whistleblowing legislation, aimed at strengthening the implementation and enforcement of UK sanctions. The amendments are intended to broaden the routes employees can use when reporting sanctions-related breaches. Key changes include:

• HM Treasury being added as a prescribed person
• Expanded regulators’ remits to include sanctions issues

For organisations operating in finance, trade, transport or shipping, external reporting may become more attractive to employees if internal channels are weak.

The Employment Rights Bill and sexual harassment

The Employment Rights Bill proposes to bring sexual harassment clearly within the scope of protected whistleblowing disclosures this year. It also aligns with the direction of recent equality legislation by enhancing employers’ duties to prevent harassment. HR can expect the boundaries between whistleblowing, safeguarding and equality law to become more integrated.

We have written a full guide on the Employment Rights Bill and its new sexual harassment guidelines here.

You may also find the case of Cameron-Peck v Ethical Social Group Ltd an interesting piece of case law when it comes to reporting harassment as a form of whistleblowing.

UK reform to employment-related whistleblowing

On 8 December 2025, the government published the UK anti-corruption strategy 2025, in which it confirmed that, by 2027, it would explore opportunities to reform the UK’s approach to whistleblowing in the employment context.

What this means for HR: practical steps

The combination of case law and the direction of potential reform points to a future in which whistleblowing will be treated not as an ad hoc employee-relations issue, but as a core governance responsibility. This requires HR to think differently about policy design, procedures for handling whistleblowing complaints and cultural tone.

1.     Update and strengthen whistleblowing policies and reporting routes

A modern policy should make it clear how concerns can be raised, what counts as whistleblowing, and how disclosures intersect with grievances, safety reports, and harassment allegations. It should also make explicit that retaliation, however subtle, is prohibited. Employers may wish to consider the use of outsourced whistleblowing helplines to ensure independence and confidentiality.

2.     Improve documentation and record-keeping

Tribunals are increasingly concerned with who knew what and when. HR should ensure that disclosures are logged carefully, the movement of information is traceable, and decision-makers’ rationales are documented in real time.

3.     Grow your investigation capability

As disclosures become more varied—ranging from sanctions breaches to harassment—organisations need enough trained investigators with the independence and skill to handle complex cases. Outsourcing may sometimes be appropriate, particularly where senior leaders are implicated.

4.     Train front-line managers

They are often the first people to hear concerns yet may not recognise when a casual remark is actually a protected disclosure. Training should focus on listening skills, procedures for escalation, and avoiding inadvertent detriment such as exclusion from meetings, altered shift patterns, or negative performance assumptions.

5.     Treat whistleblowing as a board-level issue

Senior leaders should receive regular reporting on themes, volumes, process times and outcomes. Doing so not only mitigates risk but also reinforces a speak-up culture in which employees trust the organisation to address concerns fairly.

The future of whistleblowing in the workplace

Whistleblowing law is evolving. Recent tribunal decisions highlight technical issues around knowledge, causation and remedies, while government proposals suggest broader protection and stricter organisational duties are on the way.

Whilst there are no firm proposals for legislative or regulatory change at present and, with the government’s current focus being on the Employment Rights Bill, it could be some time before we see any change outside of the courts, employers can get ahead of the game by taking the opportunity to strengthen culture, governance and trust.

A well-designed whistleblowing framework:

• Protects the organisation
• Assures employees
• Signals maturity to regulators and stakeholders.

Just as importantly, it transforms “speak-up” activity into an opportunity to hear and address concerns —allowing organisations to detect problems early, respond fairly, and build a workplace in which people feel safe to raise concerns.

Get in touch today to speak with an expert about how your can go about shoring up your whistleblowing capabilities.