Public Interest Disclosure Act (PIDA)

What is the Public Interest Disclosure Act?

The Public Interest Disclosure Act 1998 (PIDA) is a UK piece of legislation that protects workers who disclose wrongdoing in the workplace. It aims to encourage the reporting of illegal, unethical or dangerous practices by safeguarding whistleblowers from retaliation.

PIDA applies to both the public and private sectors, covering a wide range of organisations from government departments to private companies, charities and hospitals.

Who is Protected?

Protection extends to:

• Employees (including agency and contract workers)
• Workers with a reasonable expectation of employment for example, interns or trainees
• Office holders (e.g., directors)
• Anyone who has a contract with an organisation that gives rise to a workerstatus under the Act

Family members, friends or external consultants are not covered unless they fall within the definition of a worker.

What Can Be Reported?

A disclosure is protected if it concerns a relevant issue, such as:

• Criminal offences (e.g., fraud, bribery)
• Damage to the environment
• Risks to health and safety
• Misuse of public funds or other resources
• Breaches of legal or regulatory obligations
• Deliberate concealment of any of the above

The disclosure must be made in a reasonable belief that the information is true and must be related to the employees work.

Reporting Process

1. Internal Reporting: If the employer has a whistleblowing policy, follow that procedure first. This usually involves raising the concern with a line manager, HR, or a designated compliance officer.
2. External Reporting: If internal avenues are unsuitable, unavailable, or the whistleblower fears retaliation, they may go to an appropriate external body e.g., the Financial Conduct Authority (FCA), Health and Safety Executive (HSE), or the parliamentary Ombudsman.
3. Anonymous Disclosure: PIDA does not require the whistleblower to reveal their identity, but anonymity can limit the ability to secure protection if the employer cannot identify the source.
4. Record Keeping: Keep copies of all communications, notes, and any evidence supporting the disclosure.

Rights and Remedies for WhistleBlowers

If an employee suffers detriment because of a protected disclosure, PIDA provides the following remedies:

• Compensation: For financial loss, injury to feelings, or reputational damage.
• Reinstatement: The right to return to the former position if dismissed unfairly.
• Injunctions: Courts can order an employer to stop any continuing retaliation.
• Legal Costs: Reasonable costs of bringing a claim may be covered.

Claims must be presented to an Employment Tribunal within three months of the dismissal or detrimental act.

Common Misconceptions

Only senior staff can blow the whistle. Any worker, regardless of rank, can be protected.

I must be 100% certain the allegation is true. The law requires a reasonable belief in truth, not absolute certainty.

If I go public, I lose protection. Public disclosure does not automatically void protection, but it can expose the whistleblower to greater risk of retaliation, so legal advice is advisable.

PIDA applies only to government employees. It covers privatesector employees as well.

Further Resources

• UK Government Whistleblowing Guidance
• Acas Whistleblowing Advice
• Full Text of the Public Interest Disclosure Act 1998
• CIPD Fact Sheet on Whistleblowing

Whistleblowing is not just a right, it is a duty to the public interest when serious misconduct is hidden. Office of the Public Guardian