Whistleblowing at Work

The Public Interest Disclosure Act 1998 (PIDA) created specific rights for workers who disclose information about an alleged wrongdoing in defined circumstances. The Act did not introduce a general right for all so-called 'whistleblowers' to receive special protection; rather, the intention was to channel disclosures through the appropriate persons wherever possible. Unfortunately, this requires a relatively complex legal framework. This IDS Employment Law Supplement explains what the law means for employers and how it applies in the workplace.

Scheme of the Supplement
The scheme of the Supplement is as follows:

Chapter 1 explains the background to the PIDA and considers the policy and purpose behind the Act

Chapter 2 is concerned with the scope of the whistleblowing provisions, looking at the individuals who are covered and at issues of national security and overseas working

Chapter 3 explains what is meant by a 'qualifying disclosure'. It considers the scope of the term 'disclosure' and looks at each of the 'relevant failures' about which a disclosure can be made

Chapter 4 examines the different methods by which a disclosure can be made and considers the difference between internal and external disclosures

Chapters 5 and 6 focus on the statutory protection for employees and workers who make protected disclosures - i.e. unfair dismissal, redundancy and detriment rights - and considers the remedies available for breach of these rights

Chapters 7 and 8 look at the common law position on disclosure and at the use of confidentiality ('gagging') clauses in employment contracts and whistleblowing in specific contexts, such as corporate governance, financial services and public services

Chapter 9 examines in broad outline what a good whistleblowing policy should contain. It also explains the positive benefits such policies can have, both in terms of ensuring greater commercial openness and in reducing the risk of legal action.

The law is stated as at 1 July 2004.