Whistleblower protections in the UK — a timely reminder

Recent press coverage surrounding Her Majesty's Courts and Tribunals Service (HMCTS) has brought renewed attention to the importance of whistleblower protections in the UK. 

Here, Head of Employment Nick Campbell explains the protections available to UK whistleblowers and presents some key learnings for employers from the HMCTS case.

Serious IT failures

The case in question involved a formal complaint from a whistleblower about serious IT failures affecting the Social Security and Child Support Tribunal. 

The internal investigation that followed revealed significant data loss and corruption, with technical warnings dating back to 2019 that were not acted upon in a timely manner.

As someone who works closely with employment law and workplace integrity, I find this case both troubling and instructive. It highlights the critical role that whistleblowers play in surfacing issues that may otherwise remain hidden — issues that can have real consequences for both public trust and operational effectiveness.

UK whistleblower protections explained

In the UK, whistleblowers are protected under the Public Interest Disclosure Act 1998 (PIDA). This legislation is designed to ensure that individuals who raise concerns about wrongdoing — whether it be legal breaches, health and safety risks or miscarriages of justice — aren’t subjected to unfair treatment, detriment or dismissal. 

The law encourages disclosures made in good faith and in the public interest. It also provides a framework for reporting concerns internally or to prescribed external bodies.

Whistleblowing disclosures on the rise

Recent statistics published by the Competition and Markets Authority (CMA) show that between April 2024 and March 2025, a significant number of disclosures were received that were reasonably believed to be “qualifying disclosures” under the whistleblowing framework. These included reports of criminal offences, breaches of legal obligations and risks to health and safety. 

Similarly, the Financial Conduct Authority (FCA) reported a steady flow of whistleblowing cases during the same period, with each report assessed for potential harm and regulatory action.

Learnings from the HMCTS case

What the HMCTS case illustrates is that legal protection alone isn’t enough. Organisations must also foster a culture where speaking up is genuinely supported. That means having clear policies, accessible reporting channels and a commitment to investigating concerns thoroughly and transparently. It also means ensuring that whistleblowers aren’t sidelined or penalised for doing the right thing.

The leaked report from HMCTS noted that while the IT bug was eventually resolved, there was no investigation into the potential impact of the data breaches on past case outcomes. This omission raises questions about accountability and the robustness of internal processes. It also underscores the need for organisations to take whistleblower disclosures seriously — not just as a legal obligation, but a vital part of good governance.

As legal professionals, we have a responsibility to advocate for environments where integrity is valued and protected. The HMCTS case should serve as a wake-up call — not only to public bodies but all employers — to ensure that whistleblowers are heard, respected and safeguarded.

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