Despite the new Government promising to strengthen protections for whistleblowers, and the Employment Rights Bill extending the list of disclosures that qualify for protection under UK whistleblowing laws (see further details on our Reform Hub here), the whistleblowing charity, Protect, believes there is more to be done.
This February, Protect published its Cost of Whistleblowing report, the first report of its kind that analyses the cost to the public purse in light of recent infamous whistleblowing scandals, such as the Post Office Horizon IT scandal and the Lucy Letby case. Protect found that the cost to the taxpayer has exceeded £420 million in these recent scandals and that 40% of the callers to Protect’s confidential advice line in 2024 said that their concerns had been ignored.
In light of these findings, Protect has suggested an overhaul of the current whistleblowing framework in the UK, including
- Introducing a legal duty on employers to investigate whistleblowing concerns, including requiring that all company boards appoint a whistleblowing champion (which is already a requirement for financial services firms);
- Expanding the categories of individuals who qualify for whistleblowing protection; and
- Reframing whistleblowing and its importance to the Government, including requiring the Cabinet Office to take the lead on whistleblowing policy and ensuring that regulators take a consistent approach when dealing with whistleblowers.
Protect’s campaign doesn’t stop there. At the end of last year, we discussed the case of Sullivan v Isle of Wight Council, in which an unsuccessful job applicant made a complaint to the Council about alleged financial misconduct; the Tribunal found that the whistleblowing protection available under UK law was limited to ‘workers’ (a job applicant does not fall within this category). The decision has been subject to appeal and is now due to be heard in the Court of Appeal, with Protect mounting a challenge on the basis that job applicants should receive whistleblowing protection.
Whilst Protect’s advocacy has brought increased attention to the efficacy of the UK’s whistleblowing regime, it remains to be seen whether the government will introduce further strengthening mechanisms alongside its proposed employment law reforms. If protections are extended, employers may need to take further action to ensure compliance, including reviewing policies, training staff and adapting their internal reporting structures.
Update (09.04.25): We have now received the Court of Appeal’s judgment in the case of Sullivan v Isle of Wight Council in which it was confirmed that job applicants do not fall within the scope of UK law’s whistleblowing protection. We are yet to see whether this decision will be appealed further. In any event, Protect continues to campaign for extending the categories of individual entitled to whistleblowing protection, and we may yet see this extended protection come into force alongside other government reforms.
