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Tuesday, April 22, 2025

Court considers extending whistleblower rights to all job applicants – could reform curb ‘blacklisting’? - People Management Magazine

People Management examines whether enhanced protections for candidates are necessary, as well as the potential implications on employers

A case before the Court of Appeal is prompting fresh debate over whether every external job applicant should be afforded whistleblower protection.

At present, most job seekers are excluded from these safeguards, except for those applying to the NHS who are covered under the Employment Rights Act 1996 if they report misconduct.

While workers on placements or those employed via agencies already receive protection, many sectors lack such legal measures.

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This gap leaves applicants who expose wrongdoing at risk of being ‘blacklisted’ – a practice that often deters employers from considering candidates with a record of reporting misconduct.

In response to these concerns, UK-based whistleblowing charity Protect has intervened as a third party in the Court of Appeal case.

The charity argues that job applicants making a protected disclosure during the application process should receive the same legal protections as other whistleblowers.

Elizabeth Gardiner, chief executive of Protect, stated: “Job applicants need whistleblower protections. Callers to our legal advice line frequently tell us that their whistleblowing not only ends...



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