Sygnalizowanie nieprawidłowości w pracy
Jak dokonać chronionego ujawnienia i jakie masz zabezpieczenia prawne.
Przegląd
Whistleblowing is when a worker reports certain types of wrongdoing at their workplace. The Public Interest Disclosure Act 1998 (PIDA), which amended the Employment Rights Act 1996, protects workers who make 'qualifying disclosures' about criminal offences, breach of legal obligations, miscarriages of justice, health and safety dangers, environmental damage, or deliberate concealment of any of these. Workers who blow the whistle are protected from dismissal and detriment.
Kto może skorzystać z tego procesu
- You are a worker, employee, agency worker, trainee, or NHS practitioner
- You have information that tends to show wrongdoing (a 'qualifying disclosure')
- The disclosure is made in the public interest
- The disclosure relates to one of the six categories of wrongdoing specified in the Act
Proces krok po kroku
Identify the Wrongdoing
Check that the wrongdoing falls within the six protected categories: criminal offences, breach of legal obligation, miscarriages of justice, danger to health and safety, damage to the environment, or deliberate concealment of information about any of these.
Follow Internal Procedures First
Where possible, raise the concern internally through your employer's whistleblowing policy. This is the safest route and provides the strongest legal protection. Keep records of everything.
Disclose to a Prescribed Person
If internal reporting is inappropriate or has failed, you can disclose to a 'prescribed person' — a regulator appropriate to the sector (e.g., FCA for financial services, CQC for health and social care, HSE for workplace safety). You must reasonably believe the information and that it is substantially true.
Keep Detailed Records
Document all disclosures — dates, recipients, content, and responses. Keep copies of relevant documents. This evidence will be essential if you face retaliation.
Seek Legal Advice if Facing Retaliation
If you suffer detriment (demotion, disciplinary action, exclusion) or dismissal as a result of whistleblowing, seek legal advice immediately. You can bring a claim to the employment tribunal. Whistleblowing dismissal claims have no cap on compensation.
Koszty
Ważne ostrzeżenia
Do not disclose confidential information more widely than necessary — disclosure to the media is only protected in limited circumstances.
You must reasonably believe the information is substantially true and that the disclosure is in the public interest.
Keep personal copies of your evidence in a safe place outside the workplace.