Understanding whistleblowing: what does the latest parliamentary research tell us?

The House of Commons Library has recently published an updated research briefing examining whistleblowing protections and the use of non-disclosure agreements (NDAs) across England, Wales and Scotland (Employment law is devolved in Northern Ireland). The briefing explains the current legal framework, recent legislative developments and the wider debate about whether existing protections are sufficient for those who raise concerns in the public interest.

Whilst many organisations have whistleblowing procedures in place, having a policy alone does not create a culture where people feel safe to speak up. Effective safeguarding relies on individuals having the confidence to raise concerns early, knowing they will be listened to, supported and that appropriate action will be taken.

Whistleblowing protections are set out in Part IVA of the Employment Rights Act 1996, which was introduced through the Public Interest Disclosure Act 1998 (PIDA). The legislation is designed to protect workers who make a qualifying disclosure about wrongdoing from suffering dismissal or other detriment because they have spoken up, provided the disclosure meets the legal requirements.

A qualifying disclosure may relate to matters such as:

• Criminal offences

• Breaches of legal obligations

• Miscarriages of justice

• Risks to health and safety

• Environmental damage

• The deliberate concealment of any of the above.

For safeguarding professionals, many of these categories will feel familiar. Concerns about health and safety, legal compliance or the concealment of wrongdoing can all have significant implications for the welfare of children, young people and adults at risk. Understanding what constitutes a protected disclosure helps organisations distinguish whistleblowing from other workplace grievances and ensures concerns are managed appropriately.

The briefing also clarifies that a non-disclosure agreement (NDA) cannot legally prevent someone from making a protected disclosure. Although confidentiality clauses are commonly included in settlement agreements, they cannot override an individual's statutory right to report wrongdoing through the appropriate channels.

This is an important reminder that confidentiality should never be used as a barrier to safeguarding. Individuals should always understand that legal protections exist where they need to report serious wrongdoing in the public interest.

Recent legal developments4

The research highlights significant changes introduced by the Employment Rights Act 2025. Since 7 April 2026, information relating to workplace sexual harassment can qualify as a protected disclosure for the purposes of whistleblowing legislation, provided the statutory conditions are met. The Government has also announced further reforms intended to restrict the use of NDAs in cases involving harassment and discrimination, although some of these measures are still subject to implementation.

The inclusion of workplace sexual harassment within whistleblowing protections reflects a wider recognition that individuals must be able to raise serious concerns without fearing retaliation. Organisations should ensure their policies, training and reporting procedures are reviewed to reflect these legislative developments.

Why this matters

For organisations, this serves as a timely reminder that effective whistleblowing arrangements extend beyond legal compliance. Policies should be regularly reviewed, reporting routes should be accessible and well understood, and managers should be confident in responding appropriately when concerns are raised. Equally important is creating a workplace culture where individuals trust that concerns will be taken seriously, handled confidentially where appropriate, and investigated fairly.

Within safeguarding, early reporting can prevent harm, identify poor practice before it escalates and strengthen organisational learning. Leaders should therefore view whistleblowing not simply as an employment matter, but as a key component of effective safeguarding governance and safer organisational culture.

Final thoughts

The House of Commons Library briefing highlights that whistleblowing remains an evolving area of employment law, with continued discussion around whether existing protections go far enough. Regardless of future legislative changes, organisations should take this opportunity to review their whistleblowing arrangements, ensure staff understand how to raise concerns, and reinforce a culture where speaking up is encouraged and valued. In safeguarding, creating an environment where concerns can be raised without fear is fundamental to protecting people and maintaining public trust.

Resources

Read the Research Report here

Making a claim to an employment tribunal

Whistleblowing in the NHS

NHS workers can get advice on whistleblowing from the freephone Speak Up Direct Helpline on 08000 724 725 or Speak Up website. They can also speak to their organisation’s Freedom to Speak up Guardian.

Support and advice

The Library briefing Legal advice and help in employment matters provides information on appropriate sources of professional legal advice relevant to whistleblowing law.

Protect

Protect is a charity which offers legal advice about whistleblowing. Protect has guidance on whistleblowing law for both workers and employers.

Protect also operates a confidential advice line, supervised by lawyers, which provides free advice on whistleblowing law and how best to raise whistleblowing concerns.

Acas

The Advisory, Conciliation and Arbitration Service (Acas) has a series of guidance pages on whistleblowing at work, including guidance for workers on how to make a whistleblowing disclosure and for employers on responding to a whistleblowing disclosure and having a whistleblowing policy.

Acas also operates a confidential helpline of free advice on all aspects of employment law, including whistleblowing.