How to Submit a Whistleblowing Complaint Through Legal Channels

Whistleblowing refers to the disclosure of information by a worker about wrongdoing in the workplace that is in the public interest. In England and Wales, whistleblowing is primarily governed by the Public Interest Disclosure Act 1998, which protects individuals who make “protected disclosures” from dismissal or detriment.

Submitting a whistleblowing complaint through legal channels involves understanding what qualifies as whistleblowing, who can receive disclosures, and how protection is enforced through employment tribunals and regulatory bodies.

What Counts as Whistleblowing

A whistleblowing disclosure must relate to suspected wrongdoing that affects the public interest. Common categories include:

• Criminal offences (fraud, corruption, theft)
• Breaches of legal obligations
• Miscarriages of justice
• Risks to health and safety
• Environmental damage
• Concealment of any of the above

The disclosure must generally be more than a personal grievance. For example, an individual complaint about pay or workplace conflict is usually treated as a standard employment dispute rather than whistleblowing.

Who Is Protected

Whistleblowing protections apply to:

• Employees
• Workers (including agency staff in many cases)
• Certain contractors and trainees in specific circumstances

Protection begins when a qualifying disclosure is made to the appropriate person or body in accordance with legal requirements.

What Is a Protected Disclosure

To qualify as a protected disclosure, the information must:

• Be a disclosure of information (not just allegations or opinions)
• Relate to one of the categories of wrongdoing listed in law
• Be made in the public interest
• Be made to an appropriate recipient

If these conditions are met, the individual is legally protected from dismissal or detrimental treatment by their employer.

Legal Channels for Submitting a Whistleblowing Complaint

There are several recognised channels for making a whistleblowing disclosure. The level of protection can depend on where the complaint is made.

1. Internal disclosure (employer or organisation)

Most whistleblowing cases begin internally. This typically involves:

• Reporting concerns to a line manager
• Using a dedicated whistleblowing policy
• Contacting a designated compliance or safeguarding officer

Many organisations are legally expected to have whistleblowing procedures in place, particularly in regulated sectors.

Internal reporting is often the safest initial step, as it helps demonstrate that the employer had an opportunity to address the issue.

2. Prescribed persons (external regulators)

If internal reporting is inappropriate or ineffective, disclosures can be made to “prescribed persons”. These are regulators or official bodies designated to receive whistleblowing concerns.

Examples include:

• Health and Safety Executive (HSE)
• Financial Conduct Authority (FCA)
• HM Revenue and Customs (HMRC)
• Care Quality Commission (CQC)
• Environment Agency

A disclosure to a prescribed person must reasonably relate to that body's regulatory responsibilities.

3. Legal advisers

Disclosures made to a solicitor for the purpose of obtaining legal advice are protected. This is often used when assessing risks before escalating concerns further.

4. Wider external disclosures

In limited circumstances, disclosures can be made to:

• Members of Parliament
• The media

However, these routes have stricter legal conditions. Protection depends on factors such as reasonableness, good faith, and whether the disclosure was previously made internally or to a prescribed body.

How to Make a Whistleblowing Complaint Step by Step

Step 1: Identify the wrongdoing

Clearly define the issue and gather factual details. This may include dates, events, documents, and individuals involved.

Step 2: Review internal whistleblowing policy

Most organisations set out formal reporting routes and confidentiality procedures.

Step 3: Submit the disclosure

Provide a written report where possible, including:

• Description of concerns
• Evidence or supporting information
• Why the issue is believed to be in the public interest

Step 4: Escalate if necessary

If internal reporting does not resolve the issue, consider escalation to a prescribed body.

Step 5: Seek legal protection if treated unfairly

If detriment or dismissal occurs, legal remedies may be available through an employment tribunal.

Employment Tribunal Claims for Whistleblowing

If a worker suffers negative treatment after making a protected disclosure, they may bring a claim to an employment tribunal.

Types of claims

• Detriment claim (e.g. demotion, disciplinary action, reduced hours)
• Automatic unfair dismissal claim (where dismissal is linked to whistleblowing)

No minimum length of service is required for whistleblowing dismissal claims.

Time Limits

Strict time limits apply:

• Claims must usually be brought within 3 months minus 1 day of the act complained of (dismissal or detriment)
• Time limits are paused during Acas early conciliation

Failure to act within the deadline can result in the claim being rejected unless exceptional circumstances apply.

Compensation in Whistleblowing Cases

Employment tribunals may award:

• Loss of earnings (often uncapped in whistleblowing dismissal cases)
• Injury to feelings in detriment cases
• Future loss of income
• Possible aggravated damages in serious cases

Whistleblowing compensation can be higher than standard unfair dismissal awards due to the seriousness of the legal protection involved.

Protection from Detriment and Dismissal

The law prohibits employers from subjecting workers to detriment because of a protected disclosure. This includes:

• Disciplinary action
• Negative performance assessments
• Exclusion from work opportunities
• Dismissal

If an employer claims another reason for dismissal, tribunals will assess whether whistleblowing was the true cause.

Risks and Practical Considerations

Confidentiality limits

While whistleblowing policies often promise confidentiality, disclosure of identity may occur during investigations or tribunal proceedings.

Evidence importance

Successful claims rely heavily on documentation, including emails, reports, and witness statements.

Employer retaliation

Although unlawful, retaliation can still occur, making timing and documentation important.

Overlapping legal claims

Whistleblowing cases may overlap with:

• Constructive dismissal claims
• Discrimination claims
• Breach of contract claims

Common Questions from our Readers

Do I need proof before whistleblowing?

Formal proof is not required, but disclosures should be based on reasonable belief supported by factual information.

Can I remain anonymous?

Anonymous disclosures may be made, but legal protection is stronger when identity is known and the disclosure is attributable.

What if my employer ignores my complaint?

Escalation to a prescribed person or regulator may be appropriate depending on the issue.

Is whistleblowing the same as raising a grievance?

No. Grievances concern personal employment issues, while whistleblowing concerns wrongdoing affecting the wider public interest.

Final Thoughts

Submitting a whistleblowing complaint through legal channels involves identifying wrongdoing, using appropriate reporting routes, and understanding the protections available under UK law. Internal reporting is usually the first step, followed by escalation to regulators where necessary. If an individual suffers detriment or dismissal as a result, employment tribunal claims may provide remedies including compensation.

Careful attention to procedure, evidence, and time limits is essential to maintaining legal protection.