Government suggests new statutory duty in consultation on whistleblower reforms

Launching the consultation earlier this month (12 October), the Government said it would implement some reforms through changes to the whistleblowing framework in the Employment Rights Act 1996.

Whitehall said it hoped any changes to the framework would support the effective reporting of serious wrongdoing, while being simple for workers and employers to understand and use.

Other proposals in the consultation include expanding protections to more role types, reforms to make external reporting easier, and extending the deadline for whistleblowers to apply for interim relief for unfair dismissal.

The document also suggests the creation of a central whistleblowing body – and sought views on a proposal for the Serious Fraud Office to introduce a financial reward scheme for people reporting economic crime.

Currently, employers are not legally required to have whistleblowing procedures in place. However, the Government said stakeholders told it that the lack of mandatory procedures has left some workplaces without sufficiently robust whistleblowing arrangements.

In light of this, the consultation asks for views on two options. The first suggests revised non-statutory guidance for employers on whistleblowing.

The second option proposes introducing a statutory duty requiring employers to have appropriate, effective procedures for handling whistleblowing disclosures, as well as a policy explaining these procedures to workers.

The document also asks for views on expanding whistleblower protections to charity trustees, non-executive directors, volunteers, job applicants (outside the NHS) and certain self-employed individuals.

The proposal comes after representations from stakeholders that said these groups can be well placed to identify wrongdoing within organisations in the public interest.

According to the document, the Government's initial view is that some groups commonly suggested for inclusion, such as volunteers, may not meet these criteria, although other groups, such as certain self-employed individuals, "may have a stronger case for protection".

On introducing new categories of wrongdoing in the 1996 Act, the consultation asks for views on expanding the categories in order to cover new risks that may be emerging with the increasing use and complexity of Artificial Intelligence (AI) systems.

This section also asks for views on whether concerns relating to the misuse of public funds or the misuse or abuse of authority are adequately captured by the framework, or whether further clarification is needed. It says this is in light of the Government's "commitment to tackling corruption and strengthening integrity across public life", as announced in the UK Anti-Corruption Strategy 2025.

Elsewhere, the consultation proposes the creation of an independent Office of the Whistleblower or for an existing body to take on this role in order to act as a central point of contact, receiving disclosures and directing them to the appropriate prescribed person.

"Such a body could act as a central point of contact, receiving disclosures and directing them to the appropriate prescribed person," the consultation document says. It also cites stakeholder comments that said the office could support wider whistleblowing functions, such as promoting good practice and improving awareness of reporting routes.

The document adds: "The government’s initial view is that this reform is not necessary. However, before reaching a final decision, it is seeking views on whether there is a case for establishing a central whistleblowing body and whether a more proportionate alternative would be to develop an AI-assisted tool to help workers identify the most appropriate prescribed person."

The Government described the 1996 Act as world-leading when it was first introduced, but said the introduction of whistleblowing laws in Europe and a series of scandals in the UK have "raised concerns that the framework may no longer work as intended".

Ahead of launching the consultation, the Government spoke to parliamentarians, trade unions, employer groups, law firms and whistleblowing groups to better understand their concerns and possible approaches to reform.

The consultation closes on Friday 8 January 2027.

Adam Carey