What is a Protected Disclosure?

Ignoring Protected Disclosures — formal concerns about wrongdoing that are in the public interest — can lead to preventable harm, massive reputational damage, and significant financial consequences. UK employers must handle these disclosures correctly by fostering a speak-up culture, implementing robust whistleblowing policies, and providing regular training to comply with the Public Interest Disclosure Act 1998, and upcoming Employment Rights Act 2025 changes.

Contact Croner today on 01455 858 132.

for free, same-day expert advice, to audit and strengthen your approach to Protected Disclosures.

What qualifies as a Protected Disclosure?

The cost of detriment based on a Protected Disclosure

The value of whistleblowing

Culture, policies, and training

Get expert advice today with Croner

Between 2023 and 2025, the full extent of a disturbing pattern of baby deaths and collapses at the Countess of Chester Hospital's neonatal unit was revealed to the public through Lucy Letby's inquiry and subsequent trial. It emerged that her murderous acts went unchecked for over a year (from mid-2015 to mid-2016), despite numerous desperate warnings from senior doctors and colleagues that were ignored by hospital management.

The Lucy Letby case is a chilling national tragedy, not least because the ensuing loss of life could certainly have been prevented. An investigation into the events uncovered that, as early as 2015, multiple formal concerns against Letby were brought forward to the Hospital by senior neonatal consultants under its employ. Under the law, these concerns qualified as Protected Disclosures, as per the Public Interest Disclosure Act 1998, as they were reasonable, well-founded beliefs of risks to health and safety.

In this article, Croner will cover what Protected Disclosures and Whistleblowing are, and why, as an employer, you need to be very wary of how you identify and handle them.

Let’s dive in.

What qualifies as a Protected Disclosure?

Under the Act, a qualifying Protected Disclosure gives strong legal safeguards to the worker or employee who brings it forward:

• They cannot be subjected to any detriment (such as bullying, discrimination, demotion, reduced hours, or other unfair treatment).
• They cannot be unfairly dismissed based on the disclosure, with protection starting from day one of employment and applying even after leaving the job for example the employer can’t give an inaccurate reference.

This legal protection, or immunity, is automatic if the disclosure qualifies — i.e., the worker has:

• A well-founded, reasonable belief that they are disclosing information about wrongdoing (e.g., crime, legal breaches, health/safety dangers, or cover-ups) that is in the public interest (a public interest disclosure affecting others, not just a personal gripe), and;
• Made the disclosure appropriately (usually first internally, or to a prescribed person/external body in certain cases).
• Made a disclosure that falls under one or more of the following:
  • The breach of a legal obligation by an organisation.
  • Someone’s health and safety being in danger.
  • Damage to the environment.
  • A miscarriage of justice.
  • A criminal offence.

Broadly speaking, if the qualities above apply to the disclosure, then any detriment on its basis is considered unlawful in the United Kingdom.

Whilst not strictly law, best practice (as per ACAS, and GOV.UK guidance) strongly recommends that employers take disclosures seriously by investigating them promptly, fairly, and thoroughly.

However, as you’ll see, employers often treat Protected Disclosures and Whistleblowing improperly, leading to several irreversible consequences to both life, wellbeing, and business health.

The cost of detriment based on a Protected Disclosure

Amidst an obvious precedent to investigate multiple Protected Disclosures, Hospital executives at the Countess of Chester Hospital dismissed them, instead demanding apologies to Letby, threatening disciplinary action against the doctors who came forward, and delaying external referrals to the police, which ultimately caused lasting detriment to the Hospital and enabled further harm to the patients under Letby’s care.

The employer – the Countess of Chester Hospital NHS Foundation Trust – suffered significant damage from mistreating these Protected Disclosures, including, but not limited to:

• Financial hits such as a £1.4 million payout due to unfair dismissal based on a whistleblowing detriment related to the case.
• Delays in investigations that could have saved lives.
• Massive and ongoing reputational damage.
• Ongoing public inquiries and controversy.

It may come as no surprise, then, that Protected Disclosures exist to safeguard your business, making it essential that you, as the employer, handle them correctly.

The value of whistleblowing

What this, and many other cases of detriment suffered due to whistleblowing show, is that individuals who bring Protected Disclosures (Whistleblowers) forward are vital to your business’s wellbeing as well as those under its care. That’s why, our employment law specialists strongly advise that all UK employers view the whistleblower as a kind of business guardian.

Had the Hospital responded correctly to the disclosures, loss of both life, money, and reputation could have been avoided; the extent of the tragedy could have been averted.

So, why, then, do employers so often get this wrong? Often, the underlying reasons include, but are not limited to a toxic mix of:

• Defensive, fear-led culture.
• Weak/insufficient policies.
• Poor training.

Let's break them down below:

Culture, policies, and training

As an employment law specialist with more than 80 years of experience supporting UK businesses, we’ve frequently seen the ways in which poor business culture, lacklustre policies, lacking systems, and insufficient training have opened businesses up to significant legal and financial risks.

Below, we’ll briefly look at how and why this often occurs when it comes to Protected Disclosures and Whistleblowing.

Toxic workplace culture can enable physical and emotional harm

Every workplace and business is different; there is no one-size-fits all approach when it comes to establishing and maintaining a company culture. However, there are instances where negative cultural norms, established either within a wider business or, perhaps, in a specific team, can become hazardous to its wellbeing.

The Letby case is an excellent example of how an organisational culture defined by defensiveness, a "blame culture," fear of speaking up, bullying from senior leadership, and a prioritisation of reputation or finances over patient safety, can lead to the silencing of whistleblowers.

At this juncture, you are probably asking, “how do I ensure that this doesn’t occur in my team and business?”.

Let’s unpack a few valuable strategies below.

Commit to a culture of open dialogue

It doesn’t matter if you run a construction, retail, care, or catering business – cultivating a “speak-up” ethos is vital to a healthy, accountable company culture.

Lead By Example	Your seniors need to visibly champion open communication.
	Regularly communicate that speaking up is valued.
	Thank and reward your employees for raising concerns (even if unfounded).
	Model non-defensive responses to Protected Disclosures.

Consistent, visible leadership at all levels of your business inculcates a culture of openness and transparency. Without this culture, your employees and workers will stay silent on serious matters out of fear or apathy.

Instil anti-retaliation norms:	Make it explicit (in staff handbooks, induction materials, and policies) that raising legitimate concerns won’t lead to detriment; enact a zero-tolerance attitude towards retaliation.
	Remember, experts have consistently proven that a fear of negative consequences increases under-reporting; you can’t address what you don’t know about.

Make it easy to communicate:

You can use: “Speak-up forums”. Anonymous suggestion boxes. Dedicated health and wellbeing guardians.

 

Initiatives such as these can reinforce a cultural identity of radical openness and transparency. Ensure you include these channels in your whistleblowing policy

Struggling to create a lasting culture of care in your organisation? Croner’s team of specialists helps businesses like yours audit and build these cultures from the ground up — contact us for FREE, same-day HR and employment law consultation on 01455 858 132.

A lacklustre whistle blowing policy puts you at risk

Let’s cover four essential elements you should have in place within your whistleblowing policy to ensure Protected Disclosures are always handled correctly.

Your whistleblowing policy should include:

1. A clear definition and scope of Protected Disclosures

Explicitly define what qualifies as a Protected Disclosure. It is useful to reference the Public Interest Disclosure Act 1998 for specific details or reread our section on what qualifies as a protected disclosure if unsure.

Why this matters:

• Without clarity, you risk confusion between Whistleblowing/Protected Disclosures and other matters such as grievances or personal complaints, which should have their own policies and procedures.
• Poorly defining what a Protected Disclosure is increases the risk of underreporting.
• To make it clearer to your employees and managers, include real world examples of what is lawfully considered a Protected Disclosure.

2. Clear guidance on how to use reporting channels

Make it clear that (a) whistleblowing channels exist and that, (b) they can be used confidentially. Ensure you clearly explain how to use these channels (i.e. line managers, whistleblowing officer, or an anonymous call and/or message line).

Why this matters:
If your managers and/or employees don’t know that there are formalised channels specifically designed for whistleblowing, they are more likely to withhold disclosures or bring them forward incorrectly (i.e. via an informal chat with a co-worker instead of formal proceedings with their line manager, for example).

3. Commit to non-retaliation and confidentiality in writing

In your whistleblowing policy, state that your business is committed to treating disclosures fairly, and that no detriment will follow a submission. An explicit commitment such as this will incentivise reporting and solidify a culture of disclosure and openness.

Why this matters:

As mentioned earlier, fear of reprisal can increase underreporting. Remember, having this element in place, whilst not legally required, is in line with ACAS’s guidance on Whistleblowing. It also shows deliberate taken against sexual harassment coverups.

4. Commit to and follow through on investigation protocols

In your whistleblowing policy, outline:

• Timelines (e.g., acknowledge within days, investigate thoroughly within weeks).
• Steps (initial assessment, evidence gathering, impartial investigator).
• Feedback to the whistleblower (progress updates and outcomes, redacted if needed).
• Appeal mechanisms.

Why this matters:

Delays or biased probes breed distrust, prolong harm, and strengthen tribunal cases for perceived retaliation. Remember, best practice from ACAS urges you to thoroughly handle/investigate Protected Disclosures, which shows reasonableness and proactivity.

Let’s move on from policies, and into training.

Insufficient training can lead to the mishandling of Protected Disclosures

The final pillar of an effective whistleblowing framework is ongoing training — without training, even the best policies will be ineffective, leaving your managers unprepared and workers distrustful.

Commit to delivering regular, tailored training for all employees – especially managers – covering:

• Recognising Protected Disclosures.
• Understanding what qualifies (including the new explicit inclusion of sexual harassment concerns from April 2026 under the Employment Rights Act 2025).
• Knowing how to respond without retaliation.
• Following your business’s investigation process fairly.

Training should be interactive and refreshed annually (or after any major incident/policy update), covering real-world scenarios relevant to your industry.

Pair training with proactive communication: regularly remind staff about the whistleblowing policy through inductions, intranet updates, team meetings, posters, or emails — make it visible and normalise speaking up. Include anonymous staff surveys or pulse checks (e.g., "Do you feel safe raising concerns?") to gauge the "speak-up" culture and identify blind spots.

Finally, build in annual policy reviews to ensure everything remains current, integrated with related areas such as anti-harassment duties (where employers must take "reasonable " to prevent sexual harassment), equality, or safeguarding.

Get expert advice today with Croner

Croner offers expert advice on how to correctly deal with Protected Disclosures and Whistleblowing. If you suspect your level of staff training, policy quality, or current company culture may be putting your wider business at risk, then give one of our specialists a call.

Our team is on hand 24/7, 365 days a year to support you. Simply call 01455 858 132.

for FREE, same day employment law support.