What constitutes whistleblowing: A Guide for Employers in Primary Care

Whistleblowing plays a crucial role in promoting transparency and accountability in the workplace. Under UK law, workers who report certain types of wrongdoing are protected from dismissal or detrimental treatment. But how can an employer recognise when a concern raised by an employee qualifies as a protected disclosure under the law?

In the fast-paced environment of general practice, staff at all levels may encounter concerns about patient safety, regulatory compliance, or workplace conduct. Understanding how to recognise a protected disclosure under UK whistleblowing law is essential for practice managers, partners, and anyone responsible for HR or governance.

What is a Protected Disclosure?

Under the Public Interest Disclosure Act 1998 (PIDA), workers are protected from dismissal or detriment if they raise concerns about certain types of wrongdoing — known as protected disclosures. In a GP surgery setting, this may include concerns about clinical practices, misuse of NHS funds, or health and safety risks.

To qualify as a protected disclosure, the concern must:

1. Be a disclosure of information, not just an allegation or opinion.
2. Relate to one of six types of wrongdoing, such as:
   • A criminal offence (e.g. fraud)
   • Breach of a legal obligation (e.g. failure to follow CQC regulations)
   • Miscarriage of justice
   • Danger to health and safety (e.g. unsafe prescribing practices, overworked staff suffering from stress)
   • Damage to the environment
   • Deliberate concealment of any of the above
3. Be made in the public interest, which usually isn’t questioned in the context of primary care where almost everything comes back to patient safety
4. Be made to the appropriate person, such as a Practice Partner or Practice Manager, NHS England, or a prescribed regulator like the Care Quality Commission (CQC).

Note that there is no obligation on an employee to label the information with a ‘Whistleblowing’ tag. It is up to you to assess what you are being told and decide whether it meets the criteria. Need some examples?

Spotting a Protected Disclosure in practice

A practice nurse informs the lead GP that a colleague has been reusing single-use medical instruments and not recording vaccinations properly in the clinical system. The nurse provides specific details and dates. She raises the issue out of concern for patient safety.

This is likely a protected disclosure because:

• It is a disclosure of information.
• It concerns danger to health and safety and potential breach of clinical protocols.
• It is clearly in the public interest.
• It was raised internally to someone in a position of authority.

A more subtle example?

The reception team are incredibly busy, as the head receptionist left 2 months and a replacement cannot be found. The deputy is acting up but struggling with workload, as are the rest of the team. The deputy breaks down in tears one afternoon to one of the Partners, explaining that the team are stressed beyond measure and can’t cope much longer. She is worried that the pressure is causing mistakes which could be avoided.

This could well be a protected disclosure because:-

• There is a disclosure of information.
• It concerns danger to health and safety and potentially a breach of legal obligations i.e. to ensure the health and safety of employees at work.
• If the likelihood of mistakes is increased (e.g. not keeping accurate notes out of a need for speed), that could affect patient safety and that is a matter of public interest.
• It was raised internally to one of the Partners.

What Practice Managers and Partners should do

• Take all concerns seriously, especially those involving patient care, clinical standards, or fraud.
• Don’t dismiss concerns as personal grievances without assessing whether they raise public interest issues. They almost certainly will, in some guise.
• Maintain a clear whistleblowing policy, accessible to all staff which reflects NHS and CQC expectations around speaking up.
• Ensure staff understand how to raise concerns, and provide a safe, supported route to do so. Please don’t promise confidentiality unless you are absolutely sure this can be achieved. It’s not feasible in many cases, and may compromise your ability to carry out a proper investigation.
• Avoid retaliatory actions, especially by those to whom the protected disclosure was made, Partners and line managers. The Practice is vicariously liable for their actions, but the individuals can be held personally liable too. Retaliatory actions might include gaslighting, unwarranted disciplinary allegations which you wouldn’t otherwise have pursued, micro-managing, refusing annual leave requests, hostility, labelling the person as a troublemaker – even if not overtly. Employers often don’t realise they are being retaliatory in response to whistleblowing, especially if they haven’t spotted that there was potential whistleblowing in the first place.

Why it Matters

Failing to recognise a protected disclosure can expose your Practice to legal risk and reputational damage – claims for compensation are not subject to a financial cap. But more importantly, it can compromise patient safety; a culture that encourages speaking up protects both your team and the people you care for.

The CQC expects providers to have a culture of openness and learning. Failing to listen to concerns, or treating whistleblowers unfairly, may be seen as evidence of poor leadership and governance.

As NHS contractors, GP practices must demonstrate compliance with employment law and principles of good governance. NHS bodies and regulators are increasingly focused on creating environments where staff feel confident to speak up. Whistleblowing policies and procedures are part of this wider cultural expectation.

Taking legal advice early on is crucial to avoid a situation escalating. Speak to one of our specialist employment lawyers for advice and support in navigating this complex area of law.

Future reform?

The Employment Rights Bill proposes another category of wrongdoing where concerns are capable of amounting to a protected disclosure – Sexual Harassment. Keep an eye on the Employment Rights Bill’s progress and ensure that your Whistleblowing Policy is updated when the time comes.

If you wish to discuss any employment law related questions, please contact Sarah Young in our Primary Care team.