Whistleblowing reforms – how will this affect your business?

Whistleblowing has always been a sensitive area for employers, with the law offering protection where employees make ‘protected disclosures’ in the public interest.  Under the Employment Rights Bill (ERB), those protections will be significantly strengthened from April 2026.

The aim of the reforms is to make it easier for workers to speak up about wrongdoing while increasing the risks for employers who fail to handle whistleblowing properly.

What’s Changing?

The reforms will broaden the definition of who is protected, bringing more casual and atypical workers within scope.  Remedies for those who suffer detriment or dismissal because of a disclosure will be strengthened and, for the first time, enforcement will be backed by the new Fair Work Agency, which will have powers to investigate systemic failures.

Details of how the Agency will operate are still awaited in secondary legislation, particularly the extent of its investigative and enforcement powers.

Tip: Review whistleblowing policies now so they cover contractors, agency staff, and casual workers as well as employees.  Be prepared to update them once the government publishes the detailed regulations.

Risks for Employers

Tribunals already take whistleblowing detriment claims seriously but the reforms will increase compensation exposure, widen access to protection, and add the risk of external enforcement.  Employers can also expect greater scrutiny of workplace culture, with regulators less willing to accept policies that look good on paper but are not followed in practice.

Tip: Train managers to recognise whistleblowing when it arises.  Many disputes stem from managers dismissing a disclosure as a simple complaint. Clear guidance and escalation routes reduce this risk significantly.

Handling Disclosures

Employers will need to show that they have provided clear internal channels for staff to raise concerns and that disclosures are handled fairly.  Investigations should be timely, impartial, and fully documented.  Poor handling not only risks tribunal claims but, after 2026, may also invite Fair Work Agency intervention.

Tip: Appoint a whistleblowing officer or designated HR contact and ensure that all investigations are carefully recorded, with clear reasons given for any decisions.  Transparency is the best defence.

Preparing for 2026

The message from government is clear: whistleblowing is to be encouraged, not suppressed.  Employers who treat disclosures as an inconvenience or respond defensively will be at higher risk of claims and regulatory action once the reforms take effect.

Tip: Build a culture where speaking up is seen as a positive.  Staff should be reassured that disclosures will be taken seriously, investigated fairly, and will not result in retaliation.  A supportive culture makes disputes far less likely to escalate.

Conclusion

The whistleblowing reforms under the Employment Rights Bill mark a cultural as well as a legal shift.  By widening protection, enhancing remedies, and introducing enforcement through the Fair Work Agency, the government is sending a clear signal that workers must feel safe to speak up.

Employers who embrace this shift by strengthening their policies, improving their processes, and creating an open culture will not only ensure compliance but also build trust and resilience in their organisations.

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This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.