Whistleblowers

Justin Madders Excerpts

Wednesday 2nd July 2025 Westminster Hall

[The Parliamentary Under-Secretary of State for Business and Trade (Justin Madders)]

It is a pleasure to see you in the Chair, Mr Turner. I start by congratulating my hon. Friend the Member for South Dorset (Lloyd Hatton) on securing this debate on the contribution of whistleblowers. I thank all the Members who have contributed to it. I join my hon. Friend’s tribute to those who blow the whistle, and I acknowledge the comments from various Members that the whistleblowing framework may not be operating as effectively as it could be. I welcome the many views expressed on potential reforms.

Whistleblowers play a valuable role in shining a light on wrongdoing. Workers who blow the whistle deserve to be taken seriously and not treated poorly by their employers for doing the right thing. The Public Interest Disclosure Act was considered world leading in 1998, when it amended the Employment Rights Act 1996 to introduce protections for whistleblowers. Those protections ensure that workers who blow the whistle on certain types of wrongdoing are protected from dismissal or detriment if certain conditions are met. That is known as a protected disclosure.

For a worker to receive protection, they must reasonably believe that a disclosure is in the public interest; the disclosure must concern one or more of the types of wrongdoing listed in the Act, such as a criminal offence or a danger to health and safety, and the worker must make the disclosure to their employer, another responsible person or one of the organisations prescribed in legislation. There are more than 90 prescribed persons that a worker may make a protective disclosure to, including many regulators that we are familiar with, such as the Financial Conduct Authority and the Health and Safety Executive. The list of prescribed persons is regularly updated and has been updated in the past 12 months. I hope that allays the concern of the shadow Minister, the hon. Member for Mid Buckinghamshire (Greg Smith), who said that we are rolling back on these issues.

Our protections are strong, but it is fair to say that, after a quarter of a century, there is work to be done to modernise the framework. A whole range of issues have been raised about how we may improve things. For example, my hon. Friend the Member for South Dorset asked whether there should be a duty on employers to investigate when a disclosure is made. Currently, there is no legal requirement for employers to investigate protected disclosures, which sadly enables some employers to ignore a disclosure or to fail to take the necessary corrective actions to address whistleblowing reports, although, as I have mentioned, there are a great number of external bodies that whistleblowers can report matters to, should their employer not take action.

We should acknowledge that many employers have policies and procedures in place that they follow in good faith to ensure that action is taken. That is particularly the case in some of the sectors that are heavily regulated. A general duty to investigate does raise questions about what that would actually entail: what would a good duty look like? Disclosures can be made on a wide range of issues, so we need to think carefully about how such a duty would work in practice. One of the structural issues with the legislation is that a disclosure can be made and investigated, but that does not prevent detrimental treatment or dismissal for the individual. The protections are effectively retrospective in their application, but that is an important point that we will consider further.

My hon. Friend the Member for South Dorset proposed adopting the US model of financial incentives, and my hon. Friend the Member for Bolton West (Phil Brickell) raised a similar issue. We will certainly consider those matters. Hon. Members may be aware from the autumn Budget, as reaffirmed at the spring statement by the Exchequer Secretary to the Treasury, my hon. Friend the Member for Ealing North (James Murray), that the Government will strengthen HMRC’s scheme for rewarding informants to encourage reporting of high-value tax fraud and tax avoidance. A new scheme will launch later this year, which will look to target serious non-compliance by large companies, wealthy individuals, and offshore avoidance schemes. It will take some inspiration from successful US and Canadian models, which were referenced by my hon. Friend the Member for Bolton West. He mentioned that $50.4 billion had been recovered thanks to whistleblowers in the US. I am sure that the Chancellor would be very receptive to that kind of figure finding its way into her coffers.

I will look at the recommendations made by the all-party parliamentary group on anti-corruption and responsible tax, which my hon. Friend the Member for Bolton West mentioned. Importantly, he pointed out that companies facing a disclosure often look at it as a reputational threat rather than a wrong to be corrected. That is a very wise observation about the current deficiencies in the scheme. Actually, that issue is often about the culture in organisations rather than the legal framework. The hon. Member for Torbay (Steve Darling) referred to the profound and effective cultural shift in the airline safety sector, which has helped people to feel empowered to speak up.

As always, the hon. Member for Strangford (Jim Shannon) made a strong contribution. He mentioned his friend Brian, as he has done previously. He said that for Brian, doing the right thing was the natural thing to do, but that does not mean it was any less courageous. I pay tribute to Brian and the hon. Member for Strangford for raising his issues. He astutely observed that the clue is in the name—these are protected disclosures, and at the moment, protection does not always follow disclosure.

The contribution from my hon. Friend the Member for Congleton (Sarah Russell), as we would expect, drew heavily on her legal experience, for which I am always grateful. She mentioned a recent EU directive about expanding the definition of those covered by whistleblowing. A number of arguments are being put forward to expand the current legal definition beyond workers, including calls to include the self-employed—as we know, there are a whole range of employment protections for which the self-employed do not have parity with workers or directly employed individuals—but also non-executive directors and charity trustees. I recognise that Protect has been working and campaigning on this issue for a good period of time. I met representatives of Protect earlier this year, and my officials will continue to engage with them on these important issues.

My hon. Friend the Member for Congleton also mentioned the question of legal tests. There is awareness in government that employers sometimes rely on reasons that are not, on the face of it, directly related to protected disclosure but are, as my hon. Friend articulately set out, very much related to that when we get underneath into the detail. That particularly relates to the idea that providing unwelcome advice is being classed as a performance issue. I recognise the characterisation of irretrievable breakdowns in the workplace, which can happen for a number of reasons, including when a whistleblower does not feel that their voice is being heard. I recognise those concerns.

Another point we need to reflect on is that there is not enough public awareness and knowledge of how whistleblowing legislation works. Many workers are unsure of their rights or how to make disclosures within the current framework. Indeed, when I was in practice, I recall telling individuals who had talked to me about their situation at work that they had probably made a protected disclosure. They had never thought about what they did in those terms, but the law was there to protect them.

The framework entitles people to bring employment tribunal cases to seek a remedy following dismissal or detrimental treatment, but that is often a slow, costly and complex method of redress. I was concerned to hear the statistics my hon. Friend the Member for South Dorset gave about the success rates for those claims. If an individual is in an employment tribunal having made a protected disclosure, it is almost certain that that employment relationship has come to an end anyway. I also recognise that the framework does not actually require confidentiality or anonymity for whistleblowers, which can sometimes deter people for fear of retribution.

A number of Members asked whether we should have an office of the whistleblower. As the shadow Minister says, proposals have been made in the other place. My understanding is that such an office would not only protect whistleblowers, oversee whistleblowing processes and enforce compliance and reporting standards, but establish new criminal sanctions for non-compliance. It would be a significant change to the existing framework. There are a number of different suggestions about how it would operate in practice, but it is something we are taking an interest in.

The shadow Minister asked about the Grant Thornton review, which began under the Conservative Government. I can commit to that report being realised very shortly. It does not make recommendations for reform, but it provides some observations and insights into how the current framework operates. As one would expect, it has obtained stakeholder feedback and there has been a literature review. We will be able to build on it moving forward.

The shadow Minister also characterised—I think unfairly—our approach as regressive. He will know that the Employment Rights Bill includes additional protections for whistleblowers and those who speak up about sexual harassment. I do not expect he will support the Bill, even though it includes those measures. He mentioned the changes in the NHS framework. The freedom to speak up process still applies in the NHS. On the armed forces suggestions, the whole purpose of the Bill is to give a framework for people to be able to speak up about their treatment, including families of those in the armed forces.

The protections in the Bill, which is now in the other place, will signal to employers that workers who make protected disclosures about sexual harassment in particular must be treated fairly. Workers will have legal recourse if their employer subjects them to detriment for speaking up about sexual harassment. We have also committed to implementing professional standards for NHS managers to hold them accountable for silencing whistleblowers or endangering patients through misconduct. As we heard from the Prime Minister earlier today, we remain fully committed to introducing a Hillsborough law, which will include a legal duty of candour for public servants and sanctions for those who refuse to comply.

The recent Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2025 allows workers to make protected disclosures to relevant Government Departments or on suspected breaches of sanctions. These changes will help workers to qualify for employment protections when disclosing to Government information relating to financial, transport and certain trade sanctions, and seek redress should they suffer detriment or dismissal at work due to making a protected disclosure.

I appreciate that we need to consider many issues. A range of ideas has been put forward, and it is important that we take the opportunity to explore them further, so that we find the right solutions that work for everyone in the economy, and give whistleblowers the protection that everyone agrees they need.