Whistleblowing protection can appear straightforward but, in practice, the threshold for a protected disclosure is often contested. One of the most litigated elements is the requirement that the worker reasonably believes that making their disclosure is in the public interest.
The aim of this requirement was to prevent purely personal grievances from attracting protection. However, it does not exclude disclosures made in circumstances where the worker also has a personal stake in the issue.
A recent Employment Appeal Tribunal (EAT) decision is a useful reminder of how tribunals should apply the "public interest" test in practice.
For a disclosure to qualify for protection, the worker must reasonably believe that it tends to show one of the recognised categories of wrongdoing and that they are making it in the public interest. From 6 April 2026, the categories of wrongdoing will expressly include disclosures about sexual harassment.
A tribunal will assess both elements by reference to the worker's reasonable belief. It does not need to establish the alleged wrongdoing as a matter of fact. The public interest test involves two questions:
Case law confirms that this is not a narrow test. A disclosure may still be in the public interest even if it affects a relatively small group, such as colleagues or...
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