Key duties of organisations

Whistleblowers are protected when making a disclosure in the public interest.

Reference: Public Interest Disclosure Act 1998 (amending the Employment Rights Act 1996) as amended by Sections 17–-20 of the Enterprise and Regulatory Reform Act 2013.

The Charity Commission expects all charities to have clear policies and procedures on whistleblowing.

Reference: Safeguarding and protecting people for charities and trustees

The Government has issued guidance to support employers handling whistleblowing reports.

Reference: Whistleblowing: guidance for employers and code of practice

The Government maintains a list of the prescribed people and bodies that can receive disclosures from whistleblowers.

Reference: Whistleblowing: list of prescribed people and bodies

UK courts are obliged to interpret domestic law in line with the European Convention on Human Rights, as far as possible.
For the purposes of protection from whistleblowing, the European Convention on Human Rights considers a ‘judicial office-holder’ to be a ‘worker’.

This built on the finding in O'Brien v Ministry of Justice [2013] UKSC 6 that, for the purposes of part-time workers’ protection, a district judge could be classified as a worker.

Reference: Gilham v Ministry of Justice [2019] UKSC 44