Whistleblowing and gagging clauses: House of Commons research briefing (22 September 2023)

Summary

The Public Interest Disclosure Act 1998 came into force on 2 July 1999. The Act protects workers who disclose information about malpractice at their workplace, or former workplace, provided certain conditions are met. The conditions concern the nature of the information disclosed and the person to whom it is disclosed. If these conditions are met, the Act protects the worker from suffering detriment or dismissal due to having made the disclosure. If the conditions are not met a disclosure may constitute a breach of the worker’s duty of confidence to his employer.

This legal framework has received some criticism in recent years for failing to protect some whistleblowers and there have been a number of calls for reform.

This research briefing produced by the House of Commons Library, titled Whistleblowing and gagging clauses, includes:

1. Summary
2. Background
3. The duty of confidentiality
4. The legal framework
5. Evolution of the law
6. Proposals for reform of whistleblowing law
7. Whistleblowing in the NHS
8. Gagging clauses
9. Support and advice.