What is a Protected Disclosure?

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Protected disclosure. Protected disclosures. Whistleblower. Whistleblowing, whistleblowing UK, whistleblowing whistleblowing hotline

A Manager’s Guide to Protected Disclosures

When employees are concerned about something at work, they often speak to their line manager about it. Although this shows great trust, it can leave managers worried about how to respond or what to do next.

The first step is for managers to identify what constitutes a protected disclosure and how this differs from a grievance. Although managers should take both types of concern seriously, employees who make protected disclosures have greater legal protection from dismissal or detriment.

What is a protected disclosure?

A protected disclosure is when an employee reports misconduct or wrongdoing within an organisation that fits into the following categories, criminal activity, health and safety, environmental damage, breach of a legal obligation, a miscarriage of justice, or covering up any of the previous categories of misconduct.

The employee must believe that their disclosure is in the public interest. This distinguishes a protected disclosure from a grievance. A grievance usually involves an employee reporting something that affects their employment such as unfair treatment. However, a protected disclosure affects more than one individual.

The protected disclosure also needs to include specific information or evidence, it must be more than an opinion or allegation to qualify.

Whistleblowing protection law in the UK

People who speak up about wrongdoing are known as whistleblowers. Whistleblowers play a crucial role in detecting and reporting wrongdoing in business. For example, the Association of Certified Fraud Examiners found that whistleblowers are better than internal auditors at detecting fraud. We want to encourage people to speak up about their concerns so leaders and managers can act to put things right.

In the UK, the Public Interest Disclosure Act (1998) or PIDA protects whistleblowers. PIDA states that organisations have a legal obligation to protect whistleblowers from detriment, through deliberate acts or any failure to act. Detriment is when a whistleblower suffers because of making a protected disclosure. This can include dismissal, retaliation, demotion, or even loss of opportunities for promotion or development.

Failure to protect whistleblowers can have negative consequences for an organisation. If an employment tribunal finds that an employee has been unfairly dismissed because of making a protected disclosure, the compensation that could be awarded is uncapped. The organisation could also be risking serious reputational damage. Failure to protect people who speak up about wrongdoing can erode trust in the organisation, affecting employees and customers. Trust is fragile and undesirable headlines can be difficult to recover from.

What can managers do?

Whistleblowers are often anxious about speaking up about wrongdoing and may worry about the negative impact of reporting a concern. If someone does share their concerns with their manager, this is a positive sign. It means the employee trusts their manager and is confident the manager will act on their disclosure. Managers need to maintain that trust by supporting and protecting whistleblowers.

When managers build trust within their teams and create opportunities for people to share concerns without fear, they create an environment where people feel safe to speak up. Actively listening to employee concerns and acting promptly instils confidence that managers and the organisation want to encourage whistleblowers to speak up.

Following a protected disclosure, managers should look after whistleblowers and refer them to internal and external sources of support. Raising a concern can be incredibly stressful so it is good practice for managers to check in regularly with whistleblowers and ensure they are given the help and support they need. Managers are also well-positioned to observe changes in the team and be alert to any signs a whistleblower may be suffering detriment, such as being victimised by others. The manager and organisation must act to prevent or stop detriment to whistleblowers. Failure to act will result in a breach of the organisation’s legal obligations.

What can businesses do?

Clear policies and procedures: Have a clear, accessible whistleblowing policy and regularly communicate about it, including how to report wrongdoing.

Training: Managers may benefit from training and support to ensure the organisation meets its legal obligation to protect the whistleblower from detriment and create teams where people can speak up about workplace concerns without fear.

Raising awareness: Consider how you might raise and maintain awareness about whistleblowing and how to report wrongdoing in your organisation through town halls, team meetings, events, and internal comms such as newsletters.

Confidential reporting channels: Some employees may not feel comfortable speaking to their manager about wrongdoing. Consider implementing confidential reporting channels such as a whistleblowing hotline or web reporting so employees can report their concerns confidentially. Additional reporting channels can also increase the likelihood of detecting misconduct. In their 2024 report, the  Association of Certified Fraud Examiners found that organisations with a confidential whistleblowing hotline were nearly twice as likely to detect fraud compared to organisations without confidential hotlines.

Other relevant information…

UK and global legislation

UK Legislation Summary: Public Interest Disclosure Act (1998)

UK Legislation Summary: Worker Protection Act 2023

Blog article: Worker Protection Act

Employee Whistleblowing Training

Manager ‘Listen Up’ Whistleblowing Training

Investigator Training

Witness Interview Techniques Training

Preventing Sexual Harassment: TUC Checklist


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