What Is a Protected Disclosure?
Under the Public Interest Disclosure Act 1998 and the Employment Rights Act 1996, a worker who makes a qualifying disclosure is legally protected from dismissal, redundancy, or any form of detriment as a result of that disclosure. This protection is one of the strongest in UK employment law — and most workers do not realise how far it extends.
A qualifying protected disclosure includes reporting or raising concerns about:
A criminal offence — fraud, theft, financial misconduct A danger to health or safety — unsafe working conditions, ignored hazards Damage to the environment A miscarriage of justice A breach of a legal obligation A deliberate cover-up of any of the above The disclosure must be made in the public interest — meaning it goes beyond a personal grievance. And the worker must have a reasonable belief that the information is substantially true. You do not need to be certain. You need to have genuinely believed it.
How Redundancy Is Used to Silence Whistleblowers
"I reported a financial irregularity in February," one MyRedundancyRights reader told us. "By April I was in a redundancy consultation. My role had existed for eleven years. I was the only one selected. Nobody could explain the criteria."
This pattern is more common than employers would like to admit. Redundancy is attractive to an employer who wants to remove a whistleblower because it appears legitimate. It carries a commercial justification. It does not look like dismissal for raising a concern. But the law sees through it — and tribunals do too.
Warning signs that your redundancy may be connected to a protected disclosure:
The redundancy was announced shortly after you raised a concern or made a formal report You were the only person selected when others in your team or role were retained The selection criteria appear designed to target you specifically You were not genuinely consulted — the decision felt predetermined Your relationship with management changed significantly after you spoke up You were moved, isolated, or excluded from meetings before the redundancy was announced The Law — What Automatic Unfair Dismissal Means for You
This is the critical point. If you are dismissed — including through redundancy — because you made a protected disclosure, that dismissal is automatically unfair. That means:
You do not need two years of qualifying service to bring a claim You can bring a claim from day one of employment There is no upper cap on the compensation an Employment Tribunal can award The burden shifts — your employer must demonstrate the redundancy was genuine and unconnected to your disclosure Awards in whistleblowing cases can be substantial. The lack of a compensation cap means tribunals can, and do, award significant sums where the dismissal was found to be connected to protected disclosure activity.
Practical Steps — What to Do If You Suspect This Is Happening
Document everything immediately. Save copies of your original disclosure, any responses you received, and any changes in your treatment since then. Do this before you lose access to your work systems. Note the timeline. Write down the dates — when you raised the concern, when your treatment changed, when the redundancy was announced. Proximity in time is powerful evidence. Request the selection criteria in writing. You are entitled to understand how and why you were selected. Ask for it formally. Do not sign a settlement agreement without legal advice. Settlement agreements require independent legal advice by law — and your employer must contribute to the cost. Do not waive your rights under pressure. Contact ACAS or a specialist employment solicitor. Time limits for Employment Tribunal claims are strict — usually three months minus one day from the date of dismissal. Do not delay. Do not assume you cannot afford to fight it. Many whistleblowing cases are taken on a no-win no-fee basis by specialist employment solicitors. Statistics That Show the Scale of the Problem
Whistleblowing claims to Employment Tribunals have increased year on year The Government's National Audit Office has noted that whistleblower protections in the UK, while strong on paper, are often poorly understood by workers Research by Protect (formerly Public Concern at Work) found that a significant proportion of whistleblowers experienced negative consequences at work — including dismissal — after raising concerns Workers who bring successful whistleblowing dismissal claims are not subject to the £115,115 compensatory cap that applies to ordinary unfair dismissal — awards are uncapped Your Rights Are Stronger Than You Think
If you raised a concern in good faith and found yourself selected for redundancy shortly afterwards, do not accept that coincidence as an explanation. The law exists precisely to protect workers in your position — and it is powerful.
Take Action Now
👉 Read your full whistleblowing rights: https://myredundancyrights.co.uk/blog 👉 Use our free template letters to formally request your selection criteria 👉 Find a specialist employment solicitor through our Partner Network 👉 Download our free Redundancy Action Plan — step by step from day one 👉 Contact ACAS on 0300 123 1100 for free early conciliation advice
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