Who does the Public Interest Disclosure Act 1998 protect?

If you're considering reporting wrongdoing at work, you should first understand the legal protections in place for those who do so.  

The good news is that UK law provides specific safeguards for employees who speak out about misconduct in good faith. The most prevalent of these is The Public Interest Disclosure Act 1998, or PIDA. Here’s everything you need to know about PIDA, who it protects, and how it might apply to your claim. 

• What is The Public Interest Disclosure Act 1998?
• Who does PIDA protect?
• What qualifies as a protected disclosure under PIDA?
• What doesn't qualify for protection?
• How to make a protected disclosure under PIDA 
• Do I need legal support to make a whistleblowing claim?
  

What is The Public Interest Disclosure Act 1998? 

The Public Interest Disclosure Act 1998 (PIDA) is a law designed to safeguard employees who 'blow the whistle' against their employers, protecting them from suffering detriment or dismissal when they raise concerns about wrongdoing in the workplace. 

PIDA is an amendment to the Employment Rights Act 1996, making it automatically unfair to dismiss an employee for making a protected disclosure. This means you cannot be fired, demoted, or subjected to other detrimental treatment for whistleblowing, provided your disclosure meets certain criteria. 

Who does PIDA protect? 

PIDA covers a broad range of workers, including: 

• Employees with employment contracts 

• Agency workers 

• Trainees and apprentices 

• Police officers 

• NHS practitioners 

• Certain contractors and consultants 

Its protection extends to most working relationships where there's a duty of mutual trust and confidence. However, it's worth noting that the PIDA does not protect genuine self-employed contractors or volunteers. 

What qualifies as a protected disclosure under PIDA? 

Your disclosure must meet one of six categories of wrongdoing in order to receive legal protection. It must reasonably show that one of these has occurred, is occurring, or is likely to occur: 

1. Criminal offences - Any breach of criminal law, such as theft, fraud, bribery, or embezzlement.

2. Failure to comply with legal obligations - Breaches of statutory duties or regulations (e.g. failure to comply with labour laws or safety regulations).

3. Miscarriages of justice - Wrongful convictions or procedural failures; withholding evidence or providing false testimonies.

4. Dangers to health and safety - Risks to individuals or the public, such as unsafe machinery or lack of fire safety protocols.

5. Environmental damage - Harm to the environment, for example, improper disposal of toxic waste, deliberate pollution of water bodies, or illegal deforestation.

6. Deliberate concealment - Covering up any of the above. 

For your disclosure to qualify for protection, it must: 

• Be made in good faith (you genuinely believe the information is true) 

• Be in the public interest (not just a personal grievance) 

• Be made to the appropriate person or body 

• Follow the correct procedures for disclosure 

What doesn't qualify for protection? 

Not all workplace complaints constitute protected disclosures. The PIDA does not cover: 

• Personal grievances about your own treatment (unless there's a wider public interest) 

• Complaints that are knowingly false 

• Disclosures made primarily for personal gain 

• Breaches of confidentiality unrelated to the six categories of wrongdoing 

How to make a protected disclosure under PIDA 

The PIDA establishes a clear hierarchy and step-by-step process for making disclosures.  

Issues must first be raised internally — with your employer or the designated person within your organisation — and then, if ineffective, to the prescribed regulators in your industry (such as the Health and Safety Executive, Financial Conduct Authority, or Ofsted). 

In exceptional circumstances, you may also disclose to external parties, but this requires meeting additional stringent criteria. Take care to source professional legal advice from an employment law practitioner before doing so. 

Do I need legal support to make a whistleblowing claim? 

Given the complexity of whistleblowing disclosures and the potential career implications that can arise therefrom, it can be a good idea to seek legal advice early on. An experienced employment law barrister can: 

• Assess whether your concerns qualify for protection under the PIDA 

• Guide you through the proper disclosure procedures 

• Assist in drafting formal complaints and legal documents 

• Represent you in employment tribunal proceedings, should your case progress 
• Provide support throughout the process, and advice on your next steps 

Through the direct access scheme, members of the public can hire a barrister directly for advice or representation on a fixed-fee basis. Without the additional cost of a solicitor intermediary, this often means lower costs and a quicker turnaround — meaning easier, more efficient access to expert legal support. 

At Barrister Connect, we host a number of specialist employment law barristers who can assist, advise, and represent you in whistleblowing claims: simply get in touch to find out how we can help.