Key Differences Between UK and EU Whistleblowing Laws

The Directive of the European Parliament and of the Council on the Protection of Persons Who Report Breaches of Union Law (the “Whistleblowing Directive”) will not be implemented in the UK but organizations in the UK must still comply with the Public Interest Disclosure Act 1998 and the Enterprise and Regulatory Reform Act 2013, which amended the Employment Rights Act 1996 (“ERA 1996”). While these UK laws and the Whistleblowing Directive share some similar features, the protections given to whistleblowers and the compliance obligations placed on organizations differ in some respects.

For organizations operating in both the EU and the UK, the Whistleblowing Directive will still be relevant if the organization engages workers in the UK and also triggers the requirements of the Whistleblowing Directive in one or more EU Member States. Organizations seeking to harmonize their whistleblowing compliance program across Europe should be aware of the key differences between the Whistleblowing Directive and the UK regime to ensure that their global compliance program addresses the requirements of both frameworks.

We highlight the main differences below.[1] Notably, a key requirement under the Whistleblowing Directive is for certain organizations to set up a whistleblowing hotline. Although no such legal obligation exists in the UK, organizations may still choose to put whistleblowing hotlines in place for UK whistleblowers as part of their global compliance program.

[1] In the UK, there are additional whistleblowing protection laws for public bodies, firms in the financial sector, and for listed companies. Please note that these additional requirements are not reflected in the table.

[2] Under the ERA 1996, as amended by the Public Interest Disclosure Act 1998.