Recent Ministry of Justice data points to a sharp rise in whistleblowing claims reaching employment tribunals. Yet at the same time, the success rates of those claims remain incredibly low.
In the second quarter of 2025-2026, not a single one of the 519 whistleblowing cases was successful. At first glance, this might feel like good news for employers. But the reality is more nuanced, and real risks still exist.
We’re seeing an increasing disconnect between what employees believe amounts to whistleblowing, and what actually meets the legal test. So what’s actually going on?
We asked Matt Wishart, Employment Lawyer in our in-house Litigation Team, for his view from the tribunal frontline.
Why are whistleblowing claims increasing but failing?
For me, the biggest driver behind rising claim numbers but low success rates isn’t an increase in genuine whistleblowing – it’s more claims being labelled as whistleblowing. The legal test for what amounts to whistleblowing can be technical and is often misunderstood.
Whistleblowing isn’t just about raising a concern or feeling unfairly treated – it must meet three key elements to qualify as a protected disclosure:
- There must be a disclosure of information
- That information must relate to a specific type of wrongdoing (such as illegality, health and safety risks, or failure to comply with a legal obligation)
- The individual must reasonably believe the disclosure is in the public interest
If any one of those three elements is missing, the claim can’t succeed. And that’s exactly what I think we’re seeing at tribunal.
Misunderstanding what qualifies as whistleblowing
A lot of claims we see are, in reality, workplace grievances dressed up as whistleblowing. They’re often concerns about management style, personal treatment, or internal disputes. Even if genuinely felt by the employee, they don’t meet the legal threshold. That misunderstanding is driving case volume, but not success.
AI-assisted claims aren’t helping either
We won’t be alone in saying that we’re increasingly seeing claims drafted using AI tools. They’re often well-written and sound credible on paper, but they rarely stand up to the legal test. This tends to unravel quickly under scrutiny, which is why getting solid advice early is key. It helps you handle the complaint properly from the outset and avoid unnecessary escalation.
Tactical claims
We also see a more strategic angle being used. Whistleblowing claims don’t require a minimum length of service, unlike unfair dismissal. So we’ll see claims framed this way as an attempt to get around eligibility hurdles. The good news for employers is that tribunals are alive to this. They will apply the legal test rigorously, which is why we see so many claims failing.
A recent change employers can’t ignore
From 06 April 2026, reporting sexual harassment can qualify as a protected disclosure. That’s a big shift. But what does it mean in practice? It means:
- Whistleblowing protection (including protection from detriment and dismissal) now applies
- Legal risk increases as harassment complaints can now trigger additional claims
- Manager responses carry even greater weight
- Whistleblowing and harassment processes are no longer separate
This is where employers could get caught out. You might think you’re dealing with a harassment issue, but it could be a protected disclosure and you could also be facing a whistleblowing claim on top.
What should employers and their People Teams be doing now?
The consistent theme? Prevention always beats reaction.
Make sure your policies actually work – every employer has a whistleblowing policy (or at least they should have!). Far fewer have one that’s up to date, understood and actively used. Review and align your whistleblowing and harassment policies, ensure they reflect the recent changes, and make them practical, not just compliant.
Train managers properly (not just once) – most risk arises in the first conversation, and an off-the-cuff response can create problems that are difficult to undo. Make sure managers understand what whistleblowing is (and isn’t), know how to spot it, and are trained to respond calmly and consistently.
Create safe and flexible reporting channels – not everyone will feel comfortable raising concerns with their line manager, and if that’s your only route, you’re increasing the risk of escalation. Put alternative options in place, such as anonymous reporting or independent channels, and make sure employees know they exist.
Get your investigations right – when cases reach tribunal, the process is often just as important as the outcome. Act promptly, investigate thoroughly, document decisions clearly, and avoid anything that could be seen as retaliation.
Focus on culture, not just compliance – if employees trust that concerns will be taken seriously and handled fairly, they’re far less likely to escalate matters externally. Build that trust by dealing with concerns promptly, consistently, and thoroughly. Any delays or superficial handling are often what turn small issues into tribunal claims.
The bottom line
Rising claim numbers might suggest increasing risk, but low success rates tell a nuanced story. For employers, the takeaway isn’t reassurance. It’s a warning.
Claims may be failing at tribunal, but the cost, time, and disruption of getting there remain significant. Chuck into the mix the expanding scope of whistleblowing to now include sexual harassment, the margin for error is shrinking.
How can we help?
If you’re not confident your current approach would stand up to scrutiny, now is the time to change that. We can support with reviewing and aligning your whistleblowing and harassment policies, and delivering practical, scenario-based manager training. Give us a shout to sense-check your approach before it’s tested for you.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
