The existing whistleblowing framework, established under the Employment Rights Act 1996, protects individuals who report wrongdoing in the public interest from dismissal and other forms of detrimental treatment. However, as noted in the consultation document, the current framework does not fully reflect changes in working arrangements, developments in international practice and emerging risks.
Currently, whistleblowing protections apply to employees and several other categories of individuals, including agency workers, trainees and people undertaking work experience. As part of the proposed reforms, the government is considering extending these protections to additional groups, including:
- certain self-employed individuals;
- non-executive directors;
- charity trustees;
- volunteers;
- job applicants (currently, protection only extends to applicants for certain roles in the National Health Service).
In assessing whether protections should be extended, the government proposes to consider how likely these individuals are to encounter wrongdoing, their vulnerability to potential retaliation, including risks to their livelihood or reputation, and whether alternative reporting channels or protections are available.
Another area under consideration is the list of wrongdoing that qualifies for whistleblowing protection. Currently, protected disclosures may concern criminal offences, breaches of legal obligations, miscarriages of justice, dangers to health and safety, environmental damage, sexual harassment and deliberate concealment of information relating to any of these matters.
The government is seeking views on whether the existing framework adequately covers reports of corruption-related wrongdoing, particularly the misuse of public funds and the misuse or abuse of authority. It is also considering whether additional protection is needed for individuals reporting risks associated with developments in artificial intelligence, including threats to public and national security, as well as the security and resilience of critical infrastructure.
One of the key areas of reform is improving the procedures for receiving and handling whistleblowing disclosures. In particular, the government is considering introducing a statutory duty for employers to establish effective internal reporting procedures, protect the confidentiality of whistleblowers and take appropriate follow-up action.
These requirements could apply to all public-sector employers and private-sector organisations with 50 or more employees. Civil penalties, including fines, are being considered for non-compliance. An alternative option would be to improve existing guidance for employers without introducing new statutory obligations.
The introduction of financial incentives for whistleblowers is another area of focus. The government proposes to establish a reward scheme for individuals who provide the Serious Fraud Office (SFO) with significant and original information about corruption and other economic crimes that leads to a successful enforcement outcome against a company, such as a criminal conviction or a Deferred Prosecution Agreement (DPA).
The proposed rewards would be funded from a proportion of the financial penalties or fines paid by companies following enforcement proceedings. The amount of each reward could be calculated as a percentage of the penalty, taking into account the value of the information provided, the whistleblower's level of cooperation with law enforcement and other relevant factors.
In connection with the proposed SFO scheme, the government is also considering introducing criminal offences for knowingly submitting false reports, as well as for harassing or intimidating whistleblowers.
In addition, the government is examining further measures to strengthen whistleblower protections, including extending the time limit for applying for interim relief following dismissal for whistleblowing from seven to 14 days and simplifying the process of making disclosures to relevant regulatory authorities.
The public consultation will remain open until 8 January 2027. The government will use the responses to determine the next steps in reforming the whistleblowing framework.
