Dentons takes a solution-oriented approach to whistleblowing compliance, investigations and litigation. We offer a full spectrum of whistleblowing advice, support and training. Our holistic service combines regulatory, investigations and employment law expertise to provide businesses with all necessary support, as they establish and maintain whistleblowing frameworks and effectively and compliantly investigate complaints. 

Examples of our support in relation to whistleblowing include:

• set-up and structuring of whistleblowing frameworks;
• advising on speak up complaints, including whether they qualify as protected disclosures for the purposes of the legislation;
• triage and framing of investigations, including contemplating privilege and confidentiality obligations;
• external support in the conduct of investigations by our clients;
• conducting investigations on behalf of clients;
• advising on any necessary disclosures to regulators;
• advising on the statutory protections afforded to whistleblowers;
• managing contentious claims in an employment tribunal; and
• training for regulated and non-regulated businesses on how to effectively manage and investigate speak up complaints.

If you need any further information or support in relation to your speak up/whistleblowing requirements, please reach out to any of the individuals listed in the Key Contacts.

Available resources 

These resources provide insights into the UK whistleblowing framework under the Public Interest Disclosure Act 1998 (PIDA).

• Identifying a whistleblower (UK)
• Whistleblowing protections and obligations in the UK 
• Whistleblowing: What should you be thinking about? 
• Summary of the legal and regulatory obligations for firms
• Additional requirements for financial services firms
• Employment outcomes for breach of the PIDA
• Whistleblowing Line and Suite of Solutions (Europe) page: Dentons Whistleblowing Line and Suite of Solutions, including platform providers for businesses of all sizes, practice area page providing insights into the EU whistleblowing framework.
• Dentons Global Whistleblowing Regulations Tool: Comparative tool allowing you to review and compare the whistleblowing laws and compliance requirements across different jurisdictions.
• Acas whistleblowing website: The Advisory, Conciliation and Arbitration Service (Acas) works with employers and employees every year to improve workplace relationships. Its website includes information on whistleblowing for both employers and employees.
• Protect: UK whistleblowing charity that provides a confidential advice line for whistleblowers who have seen malpractice, risk or wrongdoing in the workplace. Protect also works together with organisations supporting, advising and training teams on improving their whistleblowing arrangements (including firms within the financial services sector).
• Safecall is one of many outsourced whistleblowing hotline providers, helping organisations establish safe and confidential reporting systems. 

Recent/significant cases 

• Major retail bank (2018)
  • In 2018, the FCA made findings that a major retail bank's CEO, had used their position to try to uncover the identity of a whistleblower who had raised a recruitment concern. Although the conduct in question pre-dated the SYSC requirements described above, the CEO was held personally responsible and ordered to pay more than £600,000. The major retail bank was also ordered to report annually to the FCA on its whistleblowing controls for the following three years, and provide personal attestations from senior managers responsible for the relevant systems and controls.
  • Later the same year, and in respect of the same course of conduct, the major retail bank itself was ordered to pay US$15 million by the New York State Department of Financial Services. 

• Royal Mail Group Ltd v. Jhuti (2023)
  • Following a Supreme Court decision in 2019, in 2023 Royal Mail was ordered to pay more than £2.3 million in compensation to a whistleblower who claimed that she was unfairly dismissed after raising a whistleblowing concern regarding the payment of bonuses. The Supreme Court had found that, in circumstances where the reason for dismissal was the worker's whistleblowing, "the automatic consequence should be a finding of unfair dismissal".
  • It was noted in the judgment that, in addition to the detriment suffered by Ms Jhuti, Royal Mail had failed to provide an outcome to the grievance raised in a timely fashion. 

• Gilham v. Ministry of Justice (2019)
  • District Judge Gilham made a whistleblowing complaint in respect of court conditions in her area caused by under-resourcing. Following her complaint, she was subject to bullying from other judges and court staff leading to a breakdown in her mental health.
  • It was argued by the MOJ that judges did not qualify for protection under the PIDA as a statutory "office holder" rather than a worker. The Supreme Court did not agree with this view, stating that the PIDA protections did extend to all office holders. 

• Ling Kong v. Gulf International Bank (UK) Limited (2022)
  • Ms Kong, the Head of Financial Audit for Gulf International Bank, raised a number of whistleblowing complaints relating to an investment product. Her views were challenged by the Head of Legal, resulting in an exchange of emails between them.
  • Ms Kong was subsequently dismissed. The CEO and Head of HR took the view that dismissal was appropriate as a result of Ms Kong's behaviour towards colleagues.
  • Ms Kong made a complaint for unfair dismissal, stating that (following Jhuti above) the dismissal was a result of her whistleblowing disclosure.
  • In this matter, the Court of Appeal dismissed the appeal, finding that in this case the issue of the whistleblowing disclosure could be separated from the reasons for the dismissal. The whistleblowing charity, Protect, intervened at the Court of Appeal, arguing that the conduct should only be considered separable where it constitutes wholly unreasonable behaviour or serious misconduct. This was not accepted by the court which confirmed that the role of the tribunal is to identify.