The government has launched a review of the whistleblowing laws to determine whether the current system encourages workers to speak up about wrongdoing and adequately protects them when they do.

The basic aim of the review is to provide an up-to-date evidence base to inform government about policy choices to develop and improve the whistleblowing framework.

The Department for Business and Trade, which is leading the review, is therefore asking for views and evidence from whistleblowers, key charities, employers and regulators (but not apparently trade unions) and will consider the following topics:

  • Who is covered by current laws
  • The availability of information and guidance for whistleblowing purposes (both on gov.uk and any provided by employers)
  • How employers and prescribed persons respond to whistleblowing disclosures, including best practice.

Currently, workers who blow the whistle are protected by the Public Interest Disclosure Act 1998 (PIDA), which amended the Employment Rights Act 1996. This includes protection from detriment or dismissal from blowing the whistle and a route of redress through the tribunal system if it is infringed. To qualify for protection the worker usually has to have made the disclosure to their employer, legal adviser or a prescribed person.

Core research questions for the review will include:

  • How the whistleblowing framework has facilitated disclosures
  • How the whistleblowing framework has protected workers
  • Whether whistleblowing information is available and accessible for workers, employers, prescribed persons and others
  • What the wider benefits and impacts of the whistleblowing framework have been on employers, prescribed persons and others
  • What best practice looks like in responding to disclosures.

Although the review will not gather evidence on reporting channels and protections where there is no workplace relationship, for example, in business transactions, journalists, witnesses or third parties, it will examine evidence related to the definition of a worker.

The research is expected to be concluded by Autumn 2023, but the current terms of reference do not explain how to get involved, nor does there seem to be a point of contact for those interested in contributing.

Read details of the review here.Â