Blowing The Whistle – Recent Changes In The Law

Whistleblowers enjoy statutory protection from being subjected to a detriment or being dismissed as a result of making a disclosure which is both a "protected disclosure" and a "qualifying disclosure".

Historically that generally meant it had to be a disclosure made (a) to a specified target (such as the employer); (b) in good faith; and (c) in the reasonable belief of the worker to show that one of following had occurred, was occurring, or was likely to occur:

• A criminal offence.
• Breach of any legal obligation.
• Miscarriage of justice.
• Danger to the health and safety.
• Damage to the environment.
• The deliberate concealing of any of the above.

There was no requirement that the disclosure of information needed to be in the public interest, which meant that an employee could be protected as a whistleblower even if they had simply complained to their employer about an alleged breach of their own contract of employment.