Recent Ministry of Justice employment tribunal data shows a sharp rise in whistleblowing claims being brought by employees. Yet in Q2 2025–26, despite the increase in case volumes, no whistleblowing cases of the 519 were recorded as successful at a full hearing in that quarter.
At first glance, that might sound reassuring for employers. But the reality is far more nuanced and the legal and operational risks remain very real. So what’s driving this growing disconnect between increasing whistleblowing claims and consistent tribunal failure?
To understand what’s really happening, we spoke to Matt Wishart, Employment Lawyer in our in‑house Litigation Team, for his perspective from the tribunal frontline.
Why are whistleblowing claims increasing but rarely succeeding?
The rise in whistleblowing claims is not linked to more genuine whistleblowing. What we’re really seeing is more claims being labelled as whistleblowing, not more disclosures that actually meet the legal test. The legal definition of whistleblowing is specific and technical, and it’s often misunderstood by employees – and sometimes by managers too.
When workplace grievances are mistaken for 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‑drafted whistleblowing claims aren’t helping
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 whistleblowing claims and tribunal scrutiny
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 critical legal change employers must not overlook
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 HR 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 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 less likely to escalate matters externally. Build that trust by dealing with concerns promptly, consistently, and thoroughly. Any delays or superficial handling can often turn small issues into tribunal claims.
The bottom line for employers
Rising whistleblowing claim numbers may suggest increasing risk, but low success rates tell a more complex story. For employers, this isn’t reassurance. It’s a warning. Claims may fail at tribunal, but the time, cost and disruption of getting there remain significant. With the scope of whistleblowing expanding to include sexual harassment, the margin for error is shrinking fast.
How can Empowering People Group help?
If you’re not confident your current approach would stand up to tribunal scrutiny, now is the time to act.
We can support you with:
- Reviewing and aligning whistleblowing and harassment policies
- Delivering practical, scenario‑based manager training
- Sense‑checking your approach before it’s tested for you
Explore legal solutions or speak to our employment law experts today.
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.
