Whistleblowing
Claims

Tribunal proceedings in relation to a whistleblowing detriment claim must be brought within 6 months less one day of the act complained of, where that act occurred on or after 1 October 2026. Where the act occurred before this date, the previous time limit of 3 months less one day continues to apply. Where the complaint concerns a series of similar acts or failures, time runs from the last act or failure, and the 6-month time limit applies if that occurred on or after 1 October 2026.

Where an employee is dismissed for making a protected disclosure, an unfair dismissal claim must be brought within 6 months less one day of the effective date of termination, where that date falls on or after 1 October 2026. Where the effective date of termination falls before 1 October 2026, the previous time limit of 3 months less one day continues to apply.

Claimants must (unless exempt) notify Acas and obtain an early conciliation certificate before commencing Employment Tribunal proceedings. Provided Acas is notified before the applicable time limit expires, the time limit is paused during early conciliation, which can last up to 12 weeks, and the claimant will have at least one month from receiving the certificate to present the claim.

In whistleblowing unfair dismissal cases, an employee seeking interim relief must present their claim and application within 7 days of the effective date of termination. Acas early conciliation is not required for an application for interim relief.

As specialist whistleblowing solicitors, we can assist you in bringing a claim in relation to whistleblowing.

Under the Employment Rights Act 1996, as amended by the Public Interest Disclosure Act 1998, the Enterprise and Regulatory Reform Act 2013 and the Employment Rights Act 2025, disclosures relating to the following matters can qualify for whistleblowing protection:

• Criminal offences
• Environmental damage
• Danger to the health or safety of any individual
• Miscarriages of justice
• Failure to comply with a legal obligation
• Sexual harassment
• Deliberate concealment of information relating to any of the above

A worker may make a protected disclosure where they reasonably believe that the information disclosed tends to show one of these matters and that making the disclosure is in the public interest. The disclosure may be made to their employer or, where the statutory conditions are met, to a prescribed person (e.g. a regulatory authority).

Disclosures to the press or wider public are protected only in limited circumstances. These include situations where the worker reasonably fears reprisals, has previously disclosed substantially the same information to their employer or a prescribed person, or the wrongdoing is exceptionally serious. Additional statutory conditions must be satisfied, including reasonable belief that the information is substantially true, that the disclosure is not made for personal gain and that it is reasonable in all the circumstances.

Should an employee be dismissed or selected for redundancy where the reason or principal reason is that they made a protected disclosure (i.e. whistleblowing), then the dismissal will be deemed automatically unfair.

There is no minimum qualifying period of employment for bringing an automatically unfair dismissal claim where the reason or principal reason for dismissal is that the employee made a protected disclosure.

Moreover, individuals can be held personally liable for subjecting a whistleblower to detriment, by including the individual (e.g. a director or fellow employee) in the Employment Tribunal claim. Furthermore, an employer can be held vicariously liable for the actions of workers who subject a colleague making a protected disclosure to any detriment, unless the employer can show that they took all reasonable steps to prevent those workers from subjecting them to that detriment.

However, whilst this may be a defence against vicarious liability, the co-workers who subjected the whistleblower to detriment may still be held personally liable. What this means is that a worker who is subjected to a detriment by their employer and/or co-workers for having made a protected disclosure can claim compensation, even if they have neither resigned nor been dismissed. They can therefore bring a whistleblowing detriment claim whilst still employed.

Should an Employment Tribunal determine that the protected disclosure was not made in good faith, then the Tribunal has the power to reduce compensation by up to 25%.

The Meaning of ‘Detriment’

Detriment amounts to treatment or a deliberate failure to act which a reasonable worker would regard as placing them at a disadvantage because they made a protected disclosure. This can include bullying, harassment, disciplinary action, denial of promotion or other unfavourable treatment. The worker does not need to have been dismissed or to have suffered financial loss to bring a claim.