Who can a worker 'blow the whistle' to?

Where a worker makes a public interest disclosure (or blows the whistle), the disclosure is protected under the Employment Rights Act 1996 if the worker makes it to:

• the employer;

• another person who the worker believes to be responsible for the wrongdoing;

• a legal adviser; or

• a prescribed person or body listed in the schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014 (SI 2014/2418) (such as the Environment Agency, the Care Quality Commission or the Health and Safety Executive).

A worker can make a disclosure and retain protection under the Act to a non-prescribed person if conditions are met, i.e.; the worker believes the information is substantially true; the disclosure is not for personal gain; and it is reasonable for the worker to make the disclosure.

The worker must also reasonably believe that they would be subject to a detriment by the employer if they made the disclosure directly to the employer or a prescribed person; reasonably believe that the employer would conceal or destroy evidence if the disclosure were put directly; or have previously made the same disclosure to the employer or a prescribed person to no avail.