
Legal update – The Office of the Whistleblower Bill
A New Dawn for Whistleblower Protections
On 19 December 2024, Labour MP Gareth Snell introduced the Office of the Whistleblower Bill in the House of Commons, marking a significant step forward in strengthening protections for individuals who speak out against wrongdoing. This proposed legislation seeks to address gaps in the current framework, offering broader support and protections for whistleblowers in the UK.
Under existing UK law, whistleblowing is primarily viewed through the lens of employment law. To qualify as a whistleblower, an individual must be employed by and have a contractual relationship with the organisation they are disclosing information about. This restrictive definition creates several challenges:
- Limited Scope of Redress: Remedies for whistleblowers are typically confined to employment tribunals, which focus on occupational and work-related losses. This approach often neglects the social and reputational damage whistleblowers face as a consequence of their actions.
- Unresolved Issues: By handling cases in employment tribunals, the core issues disclosed by whistleblowers often remain unaddressed, leaving systemic problems within organisations unresolved.
The Office of the Whistleblower Bill aims to overhaul this system by establishing an independent body dedicated to protecting whistleblowers and managing whistleblowing cases. If enacted, the Office of the Whistleblower would:
- Set, Monitor, and Enforce Standards: Establish clear guidelines for the management of whistleblowing cases and ensure organisations adhere to these standards.
- Provide Disclosure and Advice Services: Offer a trusted source of guidance and support for individuals considering making disclosures.
- Direct Investigations: Take an active role in overseeing whistleblowing investigations to ensure impartiality and thoroughness.
- Order Redress: Ensure whistleblowers receive appropriate remedies for any detriment suffered, extending protections beyond occupational losses to include social and reputational impacts.
One of the most notable aspects of the Bill is its proposal to designate the Office of the Whistleblower as a body to which individuals can directly report disclosures. This move is particularly aimed at offering greater protections to employees and other individuals who might face significant risks when exposing wrongdoing within large organisations. By providing an independent avenue for reporting, the Bill seeks to empower individuals to come forward without fear of retaliation or inadequate recourse.
Like all proposed legislation, the Office of the Whistleblower Bill must pass through the full parliamentary process before becoming law. The next step in this journey is the second reading, scheduled for 25 April 2025. This stage will provide an opportunity for MPs to debate the Bill’s merits and consider its implications for whistleblower protections across the UK.
The introduction of the Office of the Whistleblower Bill represents a significant advancement in the effort to protect individuals who stand up against misconduct. By addressing the shortcomings of the current framework and proposing a comprehensive, independent body, this Bill has the potential to create a safer and more supportive environment for whistleblowers. As the Bill progresses through Parliament, it will be closely watched by advocates, employers, and individuals who have experienced the challenges of speaking out. If enacted, it could mark a new era for whistleblowing in the UK.