The number of employees bringing whistleblowing detriment claims has risen sharply in the past year, according to newly released tribunal data – as lawyers say disputes between employers and whistleblowers have become harder to resolve.
Whistleblowing claims in employment tribunal hearings have more than doubled in the past year, rising by 104% to 1,546 complaints, data from the Ministry of Justice’s Employment Tribunal reveals.
Yet in the second quarter of 2025 to 2026, not a single one of 519 whistleblowing cases was successful at the hearing. The figures expose a widening gap between the number of workers bringing claims and the small proportion that meet the strict legal threshold required to win.
Employment solicitor and accredited workplace mediator Roy Magara said the trend reflects the complexity of whistleblowing law rather than the absence of workplace wrongdoing. He said: “Whistleblowing claims are among the hardest to win at a full hearing.
“A claimant must prove they made a qualifying disclosure under the legislation and that that disclosure materially influenced the employer’s treatment.
“That is a demanding burden of proof.”
Employers frequently argue that any disciplinary action, performance concerns or dismissal had nothing to do with the disclosure. To succeed, a claimant must show that the disclosure met the relevant statutory definition and that the treatment they experienced was because of it. Roy said that disputes are increasingly focused on what...
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