A protected disclosure is a disclosure of information which you reasonably believe is in the public interest and tends to show one of the wrongs listed in section 43B of the Employment Rights Act 1996, made to a recipient the Act allows. If the disclosure qualifies, you are protected from detriment and from dismissal because of the disclosure. Each condition is assessed on the facts, so take advice before you rely on protection.
Key facts
- Where the law sits
- Employment Rights Act 1996, sections 43A to 43L, added by the Public Interest Disclosure Act 1998
- Public interest test
- Added from 25 June 2013
- Sexual harassment
- Added as a listed wrong from 6 April 2026
- Truth
- You need a reasonable belief, not proof
- Good faith
- No longer a condition of protection, but a tribunal can cut compensation by up to 25% for a disclosure made in bad faith
The five parts of the test
- Information. You must pass on facts. A bare opinion or an allegation with no detail may fall short. "The fridge log shows insulin stored at 14°C on three days last week" carries information. "Safety here is poor" may not.
- Reasonable belief in wrongdoing. You must reasonably believe the information tends to show a listed wrong. You can be mistaken and still be protected if your belief was reasonable at the time.
- Public interest. You must reasonably believe the disclosure is in the public interest. Patient safety concerns usually meet this condition. A dispute about your own contract usually does not.
- A permitted recipient. The person you tell affects protection. The conditions grow stricter the further you move from your employer.
- Worker status. You must be a worker under the wider meaning used for whistleblowing.
The listed wrongs
Section 43B lists: a criminal offence, a failure to comply with a legal obligation, a miscarriage of justice, danger to the health or safety of any person, damage to the environment, sexual harassment, and deliberate concealment of any of these. The wrong can be past, present or likely in future. In healthcare, the health and safety category covers most clinical concerns, and the legal obligation category covers breaches of medicines law, data protection law or regulatory standards.
Recipients and their conditions
- Your employer, or the person responsible for the matter (section 43C): the base conditions above apply.
- A legal adviser (section 43D): protected when made while getting legal advice.
- A Minister of the Crown or Welsh Ministers (section 43E): for workers whose employer is appointed by them, such as some NHS bodies.
- A prescribed person (section 43F): you must also reasonably believe the information is substantially true and within the body's remit. The GOV.UK prescribed list (opens another website) includes the GPhC, GMC, NMC, GDC, HCPC and CQC, plus Healthcare Improvement Scotland and Healthcare Inspectorate Wales.
- Anyone else, such as an MP or the media (sections 43G and 43H): extra conditions apply, including reasonableness and usually a previous report to your employer or a regulator. Most people lose protection here.
Who counts as a worker
Section 43K stretches the meaning of worker beyond employees. Agency workers are covered. So are many people providing services under NHS contracts in England, Wales and Scotland, and nursing and midwifery students on placements approved by the NMC. Self-employed locums sit in a grey area, and the answer depends on the contract and how the work happens in practice. Read employment status and ask an adviser. Separate 2018 regulations also protect people applying for NHS jobs from discrimination because of a past protected disclosure.
A nursing example
Say a staff nurse emails the ward manager to report three nights in one week with one registered nurse for 28 patients, and says patients missed observations. The email gives information, points to danger to health and safety, and concerns patients, so the public interest condition is likely met. If nothing changes, a report to the CQC or NMC as prescribed bodies needs a reasonable belief the information is substantially true. A post on social media would face the strictest test. Read raising safety concerns for how to word a first report.
Questions to ask an adviser
- Does my report contain enough information to count as a disclosure?
- Which listed wrong does my concern point to?
- Have I already made a protected disclosure in an earlier email or meeting?
- Which prescribed body covers this concern, and does the body's remit match?
- Am I a worker under section 43K in my current role?
- Has any treatment since my report been detriment, and what is my deadline?
Where to get advice
- Protect: specialist whistleblowing advice, free and confidential, on 020 3117 2520. See our Protect profile.
- Acas: 0300 123 1100 for employment rights and the early conciliation step before any tribunal claim.
- Professional body or union: members can ask the PDA (opens another website), BMA (opens another website) or RCN (opens another website) for representation.
- Citizens Advice: free first advice. See Citizens Advice for work problems.
- An employment solicitor: for a detailed view of a claim.
- Northern Ireland: Labour Relations Agency, 03300 555 300.
Common questions
What makes a disclosure protected?
The disclosure must contain information, you must reasonably believe the information shows a listed wrong and is in the public interest, and you must tell a permitted recipient. You must also count as a worker.
Do I need proof to make a protected disclosure?
No. You need a reasonable belief. For a disclosure to a prescribed regulator, you also need a reasonable belief the information is substantially true.
Is a grievance a protected disclosure?
Usually not, because a grievance about your own treatment rarely meets the public interest test. A grievance which also reports a risk to patients may include a protected disclosure.
Is the GPhC a prescribed person for whistleblowing?
Yes. The General Pharmaceutical Council is on the GOV.UK list of prescribed people and bodies, as are the GMC, NMC and CQC.