Is a UK whistleblowing policy a legal requirement?

For most UK organisations, a whistleblowing policy is not a statutory requirement in the strict sense — but the Public Interest Disclosure Act 1998 and ERA 1996 Part IVA make whistleblowing protection a matter of law, and an organisation without a policy is at higher risk of Tribunal liability under sections 47B and 103A. For FCA-regulated firms, whistleblowing arrangements are a regulatory requirement under SYSC 18 of the FCA Handbook, including the appointment of a Whistleblowers' Champion. For PRA-regulated banks, building societies and insurers there are parallel mandatory PRA requirements. A modern British 2026-ready policy is best practice across the board.

Does a UK worker have to act in good faith?

No — not since the Enterprise and Regulatory Reform Act 2013. The Act removed the good-faith requirement and replaced it with a "public-interest" test. A British worker is protected provided they reasonably believe the disclosure is made in the public interest, even if a Tribunal finds subjective bad faith. Bad faith may result in compensation being reduced by up to 25%, but does not deprive the worker of protection. A whistleblowing policy that demands good faith is misleading and deters valid disclosures — a 2026 best-practice policy avoids that language.

What is the Whistleblowers' Champion under SYSC 18.4?

For FCA-regulated firms, SYSC 18.4 requires the appointment of a Whistleblowers' Champion — a non-executive director or other senior individual responsible for the integrity, independence and effectiveness of the firm's whistleblowing policies and procedures, including those for the protection of workers who make a disclosure. The Champion reports to the Board on the operation of the policy, including the number, nature and outcome of disclosures, and provides a written report at least annually. The Champion is independent of the executive team and has direct access to the FCA. For PRA-regulated banks, building societies and insurers, there are parallel PRA requirements. The role is sometimes also called the Whistleblowing Director or Senior Whistleblowing Officer.

Are gagging clauses in UK contracts and settlement agreements lawful?

Under section 43J of the Employment Rights Act 1996, any term of an employment contract or settlement agreement that purports to preclude a worker from making a protected disclosure is VOID to that extent. This is the existing UK position and applies to all forms of "gagging clause" — non-disclosure agreements (NDAs), confidentiality undertakings, non-derogation clauses. The Employment Rights Act 2024 NDA reform (expected commencement 2027) will go further — it will render void any term in a settlement agreement that purports to prevent disclosure of workplace harassment, discrimination or failure to make reasonable adjustments, save where the conditions for an "excepted agreement" are met (independent advice, written consent, cooling-off period). UK organisations should anticipate this reform now.

What if our organisation is unregulated — do we still need SYSC 18 / PRA overlays?

No — SYSC 18 (FCA) and the PRA whistleblowing rules apply only to firms authorised by those regulators. If your UK organisation is unregulated, the SYSC 18 and PRA clauses are not relevant and should not be included (they would be misleading). The Public Interest Disclosure Act 1998 + ERA 1996 Part IVA still applies — the worker-protection regime operates regardless of regulator status. Best practice for an unregulated UK organisation is to: appoint a Speak-Up Champion (even though not strictly required); provide tiered internal channels + an independent external hotline; conduct internal training; review annually. The Worker Protection Act 2023 sexual-harassment overlay also applies to all UK employers regardless of regulator status.

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UK Whistleblowing Policy Template (PIDA 1998)

Draft a UK Board-adopted Whistleblowing Policy giving operational effect to the worker-protection regime in Part IVA of the Employment Rights Act 1996 (inserted by the Public Interest Disclosure Act 1998 — "PIDA"). For British FCA / PRA-regulated firms the policy also satisfies SYSC 18 / PRA whistleblowing rules, including the Whistleblowers' Champion appointment under SYSC 18.4. Updated for the Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2025, the Worker Protection (Amendment of Equality Act 2010) Act 2023 sexual-harassment preventative duty (in force 26 October 2024), the Employment Rights Act 2024 NDA reform (2027 commencement) and the Article 22 UK GDPR AI in HR safeguards.

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Whistleblowing Policy

Northbridge Asset Management Ltd · Version 3.1 · Effective 2026-06-01 · Next Review 2027-06-01

PIDA 1998 + ERA 1996 Part IVA

SYSC 18 / PRA whistleblowing rules

This Policy is adopted by the Board of Northbridge Asset Management Ltd (Company No. 07419836) of 38 Threadneedle Street, London EC2R 8AY, a UK private limited company and is regulated by the Financial Conduct Authority. It gives operational effect to the worker-protection regime in Part IVA of the Employment Rights Act 1996 (inserted by the Public Interest Disclosure Act 1998) and applies to all employees, workers (including agency, casual and home-workers), contractors, consultants, secondees, volunteers, interns, and any person otherwise performing services for or on behalf of the Organisation, regardless of length of service.

PURPOSE AND PROTECTED DISCLOSURES (ERA 1996 PART IVA)

1.1 Purpose. The Organisation is committed to a culture of openness and integrity. This Policy explains how to raise a concern about suspected wrongdoing, the protections that apply to workers who do so, and the channels through which a concern may be raised. 1.2 Six categories of qualifying disclosure (s.43B ERA 1996). A "qualifying disclosure" for the purposes of this Policy and Part IVA of the ERA 1996 is the disclosure of information which, in the reasonable belief of the worker, is made in the public interest and tends to show one or more of the following:
• a criminal offence has been, is being or is likely to be committed;
• a person has failed, is failing or is likely to fail to comply with any legal obligation;
• a miscarriage of justice has occurred, is occurring or is likely to occur;
• the health or safety of any individual has been, is being or is likely to be endangered;
• the environment has been, is being or is likely to be damaged; or
• information tending to show any of the above has been, is being or is likely to be deliberately concealed.
This Policy adopts the six qualifying-disclosure categories in s.43B(1) ERA 1996 in their entirety and treats any disclosure tending to show conduct within those categories as a protected disclosure for all purposes of this Policy.
1.3 The Organisation acknowledges that under section 43B(1) of the Employment Rights Act 1996 (as amended by the Enterprise and Regulatory Reform Act 2013), there is no requirement of good faith for a disclosure to be a qualifying disclosure — it is sufficient that the worker reasonably believes the disclosure is made in the public interest. A disclosure not made in good faith may result in compensation being reduced by up to 25% but does not deprive the worker of protection.

INTERNAL REPORTING CHANNELS

2.1 Tiered internal channels. A concern should be raised promptly through the most appropriate internal channel. The available channels are:
• Your line manager — for most concerns this is the first channel.
• A senior manager / Director — In the first instance the Head of Compliance, the General Counsel or the Whistleblowers' Champion.
• Confidential reporting email: speakup@northbridge-am.co.uk.
• Confidential reporting phone: 020 7946 0700 (Compliance hotline, mon-fri 09:00-18:00).
• Confidential reporting postal address: Whistleblowers' Champion, Northbridge Asset Management Ltd, 38 Threadneedle Street, London EC2R 8AY (envelope marked Strictly Confidential).
2.2 Disclosure to the employer is protected by section 43C of the Employment Rights Act 1996. Where there is good reason not to use the line-manager channel (e.g. the line manager is implicated, the matter is exceptionally sensitive, or the channel has been tried without effect), the worker may proceed to a senior manager, the Non-Executive Director and Whistleblowers' Champion (SYSC 18.4) or directly to an external channel under clause 3.

INDEPENDENT EXTERNAL CHANNEL

3.1 Independent external hotline. The Organisation has appointed Safecall UK Ltd as an independent external whistleblowing channel. Workers may use this channel in addition to (or instead of) the internal channels.
Telephone: +44 (0) 191 516 7720 (24 hours, 50+ languages)
Web portal: northbridge.safecall.com
Post: Safecall UK Ltd, Floor 2, 1 Hood Street, Newcastle upon Tyne NE1 6JQ
3.2 Disclosures through the external hotline are treated with the same confidentiality and protection as internal disclosures and trigger the same investigation protocol.

PRESCRIBED PERSONS — REGULATOR DISCLOSURES (S.43F ERA 1996)

4.1 A worker may disclose information directly to a prescribed person under section 43F of the Employment Rights Act 1996 and the Public Interest Disclosure (Prescribed Persons) Order 2014 (as amended by SI 2025/604), provided the worker reasonably believes that the information disclosed, and any allegation contained in it, is substantially true and falls within the description of matters prescribed for that person.
4.2 The prescribed persons most likely to be relevant to disclosures concerning the Organisation include:
Financial Conduct Authority (FCA) — for financial-services matters; Prudential Regulation Authority (PRA) — for prudential matters; Information Commissioner (ICO) — for data-protection matters; Serious Fraud Office (SFO) — for serious or complex fraud; HMRC — for tax-evasion matters; National Crime Agency (NCA) — for money-laundering matters under POCA 2002; Health and Safety Executive (HSE) — for health-and-safety matters; Pensions Regulator — for occupational-pension matters; Auditor General — for misuse of public funds.
4.3 The Organisation acknowledges that disclosure to a prescribed person under s.43F attracts the same statutory protection against detriment (s.47B) and dismissal (s.103A) as internal disclosure under s.43C.

LEGAL ADVISER DISCLOSURE (S.43D ERA 1996)

5.1 Under section 43D of the Employment Rights Act 1996, a qualifying disclosure made in the course of obtaining legal advice is automatically a protected disclosure. The Organisation acknowledges and respects the worker's right to seek independent legal advice on any concern.
5.2 A worker may take advice from a solicitor, a Citizens Advice Bureau, a trade-union representative or the charity Protect (www.protect-advice.org.uk, the UK whistleblowing charity formerly Public Concern at Work) at any stage. The Organisation will not regard the seeking of such advice as a breach of confidentiality.

WIDER DISCLOSURE (S.43G / S.43H ERA 1996)

6.1 Wider disclosure (for example to the media or to a Member of Parliament) is protected under section 43G of the Employment Rights Act 1996 only where strict conditions are met: the worker (i) reasonably believes the information is substantially true; (ii) does not make the disclosure for personal gain; (iii) reasonably believes they would be subjected to detriment if they raised it internally or with a prescribed person, OR that evidence would be concealed or destroyed, OR has already raised substantially the same information internally or with a prescribed person; and (iv) the disclosure is reasonable in all the circumstances.
6.2 A disclosure of an exceptionally serious failure is protected under section 43H ERA 1996 on more relaxed conditions but the matter must be exceptionally serious. The Organisation strongly encourages workers to use the internal or prescribed-person channels first save where the conditions for s.43G / s.43H disclosure are demonstrably met.

INVESTIGATION PROTOCOL

7.1 Acknowledgement. Every disclosure received through any channel under this Policy will be acknowledged in writing to the discloser (where contact details have been provided) within 5 working days. Anonymous disclosures are investigated where they contain sufficient information to do so. 7.2 Investigator. The Non-Executive Director and Whistleblowers' Champion (SYSC 18.4) assigns an independent investigator (internal Audit, the General Counsel or external counsel) according to the nature of the concern and any potential conflict. 7.3 Timeframe. Investigations are completed within 30 working days of acknowledgement save where the complexity of the concern justifies a longer period; in that case the discloser is updated on progress at not less than monthly intervals. 7.4 Outcome. The findings are reported to the Non-Executive Director and Whistleblowers' Champion (SYSC 18.4), the Board (where the matter is material) and the discloser (so far as confidentiality and any third-party rights permit).

PROTECTION AGAINST DETRIMENT AND DISMISSAL

8.1 Statutory protection. A worker who has made a protected disclosure has the right under section 47B of the Employment Rights Act 1996 not to be subjected to any detriment by any act, or any deliberate failure to act, by the Organisation or by another worker, on the ground that they made the disclosure. Dismissal of an employee for making a protected disclosure is automatically unfair under section 103A ERA 1996.
8.2 Detriment is broadly defined. "Detriment" extends beyond formal disciplinary action to include unjustified withdrawal of benefits, exclusion from meetings, ostracism, victimisation, reorganisation directed at the discloser, and the use of negative references. Each of these would be treated as a disciplinary matter.
8.3 Disciplinary consequence. Any act of retaliation, victimisation or detriment against a person who has made a protected disclosure is treated as gross misconduct, warranting summary dismissal of employees and termination of engagement of contractors and other Associated Persons. The Organisation will consider personal liability claims against the perpetrator under s.47B(1A) ERA 1996.
8.4 Gagging clauses. Under section 43J ERA 1996, any term of an employment contract or settlement agreement that purports to preclude a worker from making a protected disclosure is void to that extent. The Organisation does not seek to enforce any provision that operates inconsistently with s.43J.

FCA SYSC 18 — REGULATED-FIRM REQUIREMENTS

9.1 As a firm regulated by the Financial Conduct Authority, the Organisation operates whistleblowing arrangements in accordance with SYSC 18 of the FCA Handbook. 9.2 The Organisation has appointed Sir Edward John Pemberton-Hayes (Non-Executive Director and Whistleblowers' Champion (SYSC 18.4)) as the Whistleblowers' Champion under SYSC 18.4, a non-executive director or other senior individual responsible for the integrity, independence and effectiveness of the Organisation's whistleblowing policies and procedures and the Champion's reports to the Board on the operation of those arrangements. 9.3 The Organisation reports to the FCA any case where an Employment Tribunal has found in favour of a worker who has made a protected disclosure against the Organisation, as required by SYSC 18.3.

10.

EU WHISTLEBLOWING DIRECTIVE 2019/1937 — GROUP CONSIDERATIONS

11.1 The Organisation acknowledges that the EU Whistleblowing Directive (Directive 2019/1937) applies to its EU-established group entities. The Directive requires internal reporting channels with prescribed minimum guarantees (confidentiality, ≤ 7 working day acknowledgement, ≤ 3 months feedback), external channels via Member State authorities, and explicit protection against retaliation. 11.2 Where the disclosure relates to EU-established group entities or EU-law matters, the EU framework operates alongside the UK PIDA framework and the more protective regime applies. The UK is not directly bound by the Directive post-Brexit but the Organisation aligns its group-wide policies with both frameworks.

11.

WORKER PROTECTION ACT 2023 — SEXUAL-HARASSMENT PREVENTATIVE DUTY

12.1 The Organisation acknowledges its preventative duty under section 40A of the Equality Act 2010 (inserted by the Worker Protection (Amendment of Equality Act 2010) Act 2023, in force 26 October 2024) to take reasonable steps to prevent sexual harassment of workers. 12.2 Disclosures relating to sexual harassment fall within the qualifying-disclosure framework of Part IVA ERA 1996 (typically as a breach of legal obligation under s.43B(1)(b)) and trigger the protections and investigation protocol in this Policy. Where a Tribunal makes a finding of harassment and the Organisation has not taken reasonable preventative steps, the Tribunal may uplift compensation by up to 25% under s.124A EqA 2010.

12.

NDA REFORM 2027 — GAGGING-CLAUSE VOIDNESS

13.1 Under the Employment Rights Act 2024 (Royal Assent 2025, staggered commencement; NDA restrictions expected 2027), clauses in settlement agreements or contracts of employment which purport to prevent disclosure of workplace harassment, discrimination or failure to make reasonable adjustments will be void save where the statutory conditions for an "excepted agreement" are met (independent advice, written consent, cooling-off period). 13.2 The Organisation will not seek to enforce any provision inconsistent with the 2027 reform, and confirms that the existing protection at section 43J ERA 1996 already renders void any agreement purporting to prevent a protected disclosure.

13.

ARTICLE 22 UK GDPR — AI IN HR DECISIONS

14.1 Where AI or automated processing has been used to inform any decision affecting a worker (recruitment, performance management, redundancy selection, disciplinary action), the Organisation confirms that no decision producing legal or similarly significant effects has been taken solely by automated processing save where Article 22(2) UK GDPR permits and appropriate safeguards have been applied. 14.2 The Organisation's practice on automated decision-making in HR aligns with the ICO's 2024 guidance on AI and data protection. Workers may request meaningful information about the logic involved and the significance and envisaged consequences of any automated processing under Articles 13(2)(f), 14(2)(g) and 15(1)(h) UK GDPR, and seek human review under Article 22(3) UK GDPR. Concerns about AI-driven adverse decisions fall within the qualifying-disclosure framework where they tend to show breach of UK GDPR or other legal obligation.

14.

MONITORING, REVIEW AND TRAINING

The Non-Executive Director and Whistleblowers' Champion (SYSC 18.4) maintains a confidential Speak-Up Register, reports to the Board at every regular meeting on the operation of this Policy (including the number, nature and outcome of disclosures), and reviews this Policy formally at least annually. The next scheduled review date is 2027-06-01. Awareness training on this Policy is mandatory at induction and refreshed periodically.

15.

GOVERNING LAW AND JURISDICTION

This Policy is governed by and construed in accordance with the law of England and Wales. The statutory protections in Part IVA of the Employment Rights Act 1996 referenced in this Policy operate as a matter of law and cannot be displaced by contract (section 43J ERA 1996).

ADOPTED FOR AND ON BEHALF OF NORTHBRIDGE ASSET MANAGEMENT LTD

Catherine Eleanor Rowley

Chair of the Board

Date: ____________________

Available as a print-ready PDF or an editable Microsoft Word (.docx) file.

What Is a UK Whistleblowing Policy?

A UK whistleblowing policy is the Board-adopted document that puts the Public Interest Disclosure Act 1998 ("PIDA") worker-protection regime into operation. PIDA inserted Part IVA into the Employment Rights Act 1996 — sections 43A to 43L — which protects British workers who raise concerns about wrongdoing from being subjected to detriment (section 47B) or dismissed (section 103A) on the ground that they have made a "qualifying disclosure". A qualifying disclosure is the disclosure of information which, in the reasonable belief of the worker, is made in the public interest and tends to show one or more of the six prescribed categories of wrongdoing.

In the United Kingdom, the six qualifying-disclosure categories in section 43B ERA 1996 are: (1) a criminal offence; (2) failure to comply with a legal obligation; (3) a miscarriage of justice; (4) endangerment of health and safety; (5) damage to the environment; and (6) deliberate concealment of any of the foregoing. Protection extends to disclosures made to the employer (s.43C), to a legal adviser (s.43D), to a Minister of the Crown (s.43E), to a prescribed person under the Public Interest Disclosure (Prescribed Persons) Order 2014 (as amended by SI 2025/604) (s.43F), and to wider audiences on strict conditions (s.43G — to the media or an MP) or where there is an exceptionally serious failure (s.43H).

British FCA-regulated firms have additional requirements under SYSC 18 of the FCA Handbook — a "Whistleblowers' Champion" must be appointed under SYSC 18.4, internal arrangements must permit anonymous and confidential reporting, and the firm must report to the FCA any Employment Tribunal finding in favour of a worker who has made a protected disclosure. PRA-regulated banks and insurers have parallel requirements in the PRA Rulebook. The Worker Protection (Amendment of Equality Act 2010) Act 2023 (in force 26 October 2024) added a preventative duty in respect of sexual harassment, with a Tribunal compensation uplift of up to 25% where the duty has been breached.

What's Covered in This UK Template

Our UK template produces a Board-adopted whistleblowing policy compliant with PIDA 1998 + ERA Part IVA, with optional FCA SYSC 18, PRA, EU Directive 2019/1937 and statutory currency overlays.

Board Adoption + Whistleblowers' Champion

Single Board-level signatory (Chair / CEO) with a named Whistleblowers' Champion under SYSC 18.4 (for FCA firms) or as best-practice operational anchor for unregulated organisations.

Six Qualifying-Disclosure Categories

The full s.43B ERA 1996 six-category framework — criminal offence, legal obligation breach, miscarriage of justice, health and safety endangerment, environmental damage, deliberate concealment.

No Good-Faith Requirement (Post-2013)

The Board acknowledgement that since the Enterprise and Regulatory Reform Act 2013 there is NO good-faith requirement — only a public-interest test. A policy demanding good faith is misleading and deters valid disclosures.

Tiered Internal Channels

Line manager → senior manager / Champion → confidential email / phone / postal. A single-channel policy ("report to your line manager") is rarely adequate — provide multiple channels.

Independent External Hotline

Best-practice independent external whistleblowing hotline (e.g. Safecall, Crimestoppers Integrity Line, Protect) with 24/7 multi-language coverage. Mandatory for British FCA firms in practice.

Prescribed Persons (s.43F)

Expert mode adds the s.43F prescribed-persons matrix per the Public Interest Disclosure (Prescribed Persons) Order 2014 (as amended by SI 2025/604) — FCA / PRA / ICO / HSE / HMRC / Environment Agency / SFO / NCA.

Wider Disclosure Conditions (s.43G / s.43H)

Expert mode unlocks the strict conditions for media / MP disclosure under s.43G (reasonable belief substantially true; not for personal gain; reasonable; futility / concealment / prior internal disclosure) and the exceptionally-serious-failure carve-out in s.43H.

Investigation Protocol

Acknowledgement within 5 working days, completion within 30 working days, independent investigator, written outcome reported to the Champion, the Board (where material) and the discloser.

s.47B Detriment + s.103A Dismissal Protection

Expert mode adds the statutory protection clause — detriment broadly defined, gross-misconduct treatment of retaliation, gagging-clause voidness under s.43J ERA 1996.

FCA SYSC 18 + PRA Overlays

For regulated firms, the SYSC 18 / PRA whistleblowing clauses — Whistleblowers' Champion appointment + responsibilities, Tribunal-outcome reporting to FCA / PRA, staff training and confidential records.

EU Directive 2019/1937 + Worker Protection Act 2023

For groups with EU-established entities, the EU Whistleblowing Directive 2019/1937 considerations (≤ 7 working day acknowledgement, ≤ 3 month feedback). EqA 2010 s.40A sexual-harassment preventative duty (in force 26 October 2024) overlay.

NDA Reform 2027 + Article 22 UK GDPR

Forward-looking — the Employment Rights Act 2024 NDA reform (2027) renders void any gagging clause on harassment / discrimination disclosures. Article 22 UK GDPR safeguards for AI in HR decisions per ICO 2024 guidance.

How to Create a UK Whistleblowing Policy

Follow these steps to draft a UK whistleblowing policy that the Board, the FCA / PRA and an Employment Tribunal will recognise as fit for purpose.

1
Enter Organisation Details + Champion
Enter the UK organisation name, registered address, Companies House number, regulated status (this drives SYSC 18 / PRA applicability), workforce scope (employees only / employees + workers / all incl. volunteers — best practice for British charities and public sector). Name the Board-level authorising officer (Chair / CEO) and the Whistleblowers' Champion (mandatory for FCA SYSC 18 firms; best practice otherwise).
2
Define Scope and Confirm Good-Faith Position
Customise the scope of persons covered if needed. The Board must acknowledge the post-2013 position — NO good-faith requirement; only a public-interest test. A British policy demanding "good faith" is misleading. This is a Free-tier essential.
3
Set Up Reporting Channels
Configure tiered internal channels — line manager (default first channel), senior manager / Director, confidential email, phone, postal address. Best practice is also to set up an independent external hotline (Safecall, Crimestoppers Integrity Line, Protect) for 24/7 multi-language coverage. Pick the British governing law (England & Wales / Scotland / NI).
4
Unlock Expert: Prescribed Persons + Investigation Protocol + Protection
In Expert mode, add the s.43F prescribed-persons matrix (FCA / PRA / ICO / HSE / HMRC etc. per SI 2025/604), the s.43D legal-adviser channel, and the s.43G / s.43H wider-disclosure conditions. Add the investigation protocol (acknowledgement / completion timeframes, investigator independence, written outcome) and the s.47B / s.103A protection framework (detriment definition, gross-misconduct retaliation, s.43J gagging-clause voidness).
5
Add Statutory Currency Overlays and Adopt
In Expert mode, layer the FCA SYSC 18 + Whistleblowers' Champion clause (mandatory for FCA firms), the PRA clause (mandatory for banks / insurers), the EU Directive 2019/1937 group considerations (for EU entities), the Worker Protection Act 2023 sexual-harassment preventative duty, the NDA reform 2027 gagging-clause voidness, and the Article 22 UK GDPR AI in HR safeguard. Download as PDF for Board adoption and publish to the UK intranet and external website.

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Legal Considerations

A UK whistleblowing policy is the operational basis for the worker-protection regime in Part IVA ERA 1996 and (where applicable) FCA SYSC 18 / PRA whistleblowing rules.

This template is for informational purposes only and does not constitute legal advice. Where a specific whistleblowing concern has been raised, or where the organisation faces a Tribunal claim under s.47B or s.103A ERA 1996, consult a UK employment solicitor specialising in whistleblowing.

Reviewed for England & Wales employment-law practice (June 2026)

Part IVA ERA 1996 — The Worker Protection Regime

The Public Interest Disclosure Act 1998 ("PIDA") inserted Part IVA into the Employment Rights Act 1996, creating a comprehensive worker-protection regime for those who raise concerns about wrongdoing. A worker who has made a "qualifying disclosure" (section 43B) to a permitted recipient (sections 43C-43H) is protected against detriment (section 43A — protected disclosure; section 47B — right not to be subjected to detriment) and dismissal (section 103A — automatic unfair dismissal). The protection extends to all British workers — not only employees — and operates as a matter of statute. Section 43J makes void any contract term that purports to preclude a worker from making a protected disclosure. The Enterprise and Regulatory Reform Act 2013 removed the requirement of good faith — a worker is now protected provided they reasonably believe the disclosure is made in the public interest, even if subjective bad faith is established. Bad faith may reduce compensation by up to 25% but does not deprive the worker of protection.

Prescribed Persons (s.43F) and the 2025 Amendment

Section 43F ERA 1996 protects disclosure to a "prescribed person" — a regulator or other body prescribed by the Secretary of State as having subject-matter expertise to receive disclosures. The current list is set out in the Public Interest Disclosure (Prescribed Persons) Order 2014, as amended. The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2025 (SI 2025/604) added new prescribed persons for the Secretary of State for Business and Trade and the Secretary of State for Transport, expanding the protection in those subject areas. The prescribed-person regime is particularly important for UK financial-services workers (FCA / PRA), data-protection workers (ICO), health-and-safety workers (HSE), tax-evasion concerns (HMRC) and serious-fraud concerns (SFO). Protection under s.43F requires the worker to reasonably believe both that the matter falls within the prescribed person's description AND that the information disclosed (and any allegation contained in it) is substantially true.

FCA SYSC 18 — The Whistleblowers' Champion

FCA-regulated firms have specific whistleblowing requirements in chapter SYSC 18 of the FCA Handbook. SYSC 18.4 requires the appointment of a Whistleblowers' Champion — a non-executive director or other senior individual responsible for the integrity, independence and effectiveness of the firm's whistleblowing policies, with reporting to the Board on operation. SYSC 18.3 requires the firm to report to the FCA any case in which an Employment Tribunal has found in favour of a worker who made a protected disclosure against the firm. Internal arrangements must permit anonymous reporting and provide effective confidentiality. PRA-regulated banks, building societies and insurers have parallel requirements in the PRA Rulebook. For these UK regulated firms a 2026-ready whistleblowing policy is not optional — it is a regulatory compliance artefact.

Worker Protection Act 2023 + NDA Reform 2027

The Worker Protection (Amendment of Equality Act 2010) Act 2023 added section 40A to the Equality Act 2010 — a preventative duty on UK employers to take reasonable steps to prevent sexual harassment of workers. The duty is in force from 26 October 2024 and is enforceable through Employment Tribunal compensation uplifts of up to 25% under section 124A EqA 2010 where a Tribunal finds harassment and the employer has not taken reasonable preventative steps. Sexual-harassment disclosures fall within the qualifying-disclosure framework in Part IVA ERA 1996 (typically as a breach of legal obligation under s.43B(1)(b)). The Employment Rights Act 2024 received Royal Assent in 2025 and has staggered commencement; the NDA reform is expected in 2027 and will render void any term in a settlement agreement or contract of employment that purports to preclude disclosure of workplace harassment, discrimination or failure to make reasonable adjustments, save where the conditions for an "excepted agreement" are met (independent advice, written consent, cooling-off period). A British 2026-ready policy should anticipate this reform.

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Adopt Your UK Whistleblowing Policy Now

Use our free PIDA 1998 + ERA 1996 Part IVA template to draft a 2026-ready Board-adopted whistleblowing policy. Expert mode unlocks the s.43F prescribed-persons matrix (SI 2025/604), s.43G/H wider-disclosure conditions, investigation protocol, s.47B / s.103A protection framework + FCA SYSC 18, PRA, EU Directive 2019/1937, Worker Protection Act 2023, NDA reform 2027 and Article 22 UK GDPR overlays — everything a UK Board, the FCA and an Employment Tribunal expect to see.

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