Want to know about the rules around whistleblowers in the UK? It’s January 2003, and Katherine Gun is working as a translator for the Government Communications Headquarters (GCHQ) in Cheltenham.

She’s just seen an email from Frank Koza, chief of staff at the United States National Security Agency (NSA). The email asks for help bugging the United Nations offices of Angola, Bulgaria, Cameroon, Chile, Guinea, and Pakistan — six “swing nations” on the UN Security Council that could ensure the UN approved the invasion of Iraq.

Official Secrets Act 1989

Furious, Gun prints the email and gives it to a friend connected with journalists. Fast forward to March, and the email appears on the front page of The Observer. Eight months later, in November 2003, Gun was charged under the Official Secrets Act 1989. But her trial lasted only half an hour before the prosecution declined to provide evidence — Gun, it seemed, was vindicated.

Today, Katherine Gun ranks among the UK’s most famous whistleblowers and draws comparisons to Daniel Ellsberg, the American analyst who leaked the Pentagon Papers. But what are the rules around whistleblowers in the UK? And what if you spot wrongdoing in your workplace? The implications may not include global conflict, but you should still know your rights.

What is a whistleblower?

In the UK, anyone can be a whistleblower if you report wrongdoing — it doesn’t have to be at work. Critically, any disclosed wrongdoing must be in the public interest; that is, the information must impact society or the general public. But as a worker, you’re afforded whistleblowing protection under the Public Interest Disclosure Act 1988. For instance, you can’t be fired or mistreated at work if you report wrongdoing.

And if you think your employer is breaking this law, you should take your case to an employment tribunal. You’ll typically have three months from the end of your employment to raise a claim. Unfortunately, though, if your whistleblowing complaint was anonymous, your mistreatment or dismissal claim might be tricky to prove. Keep that in mind.

Rules around whistleblowers in the United Kingdom

So what can you report as a whistleblower? UK law states that whistleblowing reports must be in the public interest, but that definition covers a range of situations. Of course, if you witness any crimes, you’re certainly protected. You could detect fraud, a coverup, or even a lack of insurance — if there’s a chance someone else could be harmed, you’ll be protected by law. You don’t have to spot just human harm either; reporting environmental contamination or destruction also counts as whistleblowing.

Which complaints aren’t protected under the UK’s whistleblowing laws?

That said, reporting any of your personal problems won’t earn you protection as a whistleblower — there has to be that aspect of public interest. So bullying, harassment, or discrimination are not covered under whistleblowing law. While these are serious grievances and should still be reported, they deal with a different set of labour laws.

What constitutes “public interest” in a whistleblowing case?

However, this isn’t to say that the interests of you and the public are always mutually exclusive; you can benefit from reporting wrongdoing, but you must be part of a larger group, like your colleagues or the public.

Take the Chesterton Global Ltd v Nurmohamed case from 2017. In October 2013, Nurmohamed claimed that his employer Chesterton Global Ltd was overestimating expenses and subsequently reducing the commissions for its senior managers. Critically, Nurmohamed was one of these managers. And yet, the Court of Appeal ruled that because 100 other employees were also denied benefits, Nurmohamed’s complaint constituted whistleblowing.

By contrast, the Employment Appeal Tribunal determined in 2017 that the Parsons v Airplus International Limited case did not constitute whistleblowing. Under the Public Interest Disclosure Act, employees must reasonably believe their complaint is in the public interest. And in this case, the tribunal found that because Parsons (a legal compliance officer) raised concerns to defend herself from liability, her complaint was not protected.

The Graham Pink case

While Katherine Gun may have grabbed global headlines in the early 2000s, it was an earlier whistleblowing case that shaped the Public Interest Disclosure Act — the case of Graham Pink. Between 1983 and 1993, Mr. Pink wrote a legion of letters complaining about staffing letters at Stepping Hill Hospital in Stockport.

In 1990, Pink was dismissed after the hospital deemed he breached patient confidentiality. Although he did receive the maximum settlement from the Health Authority for his dismissal (£11,000), Pink’s case highlighted the lack of protections afforded to workers who told the truth. His correspondence with MPs and the press helped spur the groundwork for our current whistleblower protections.

Rules around whistleblowers UK conclusion

From Graham Pink to Katherine Gun, some famous cases have shaped the UK’s whistleblowing laws. At their heart, these rules exist to protect workers from unfair dismissal or mistreatment after they make a complaint. Under the Public Interest Disclosure Act, you’re protected as a whistleblower if you reasonably believe your complaint was in the public interest.

But what counts as public interest can cause debate. Generally, a complaint must impact society or the general public. Any evidence of harm, crimes, fraud, coverups or environmental damage would constitute public interest. That said, complaints of bullying, harassment or discrimination (while still serious) aren’t in the public interest — they’re personal.

Of course, a personal complaint can still be in the public interest, as the Chesterton Global Ltd v Nurmohamed case proves. The UK has strong whistleblower protections, and now you know the rules. So if you witness wrongdoing at work and think it’ll impact more than you, speak up. Your voice could make a difference. 

We hope you enjoyed reading about the rules around whistleblowers in the UK. If you need help, reach out to a British lawyer.