Here is a preliminary view from employment lawyer Daniel Barnett, by email:

Further proposed amendments to the Employment Rights Bill make changes to the whistleblowing regime.  Note: I understand these amendments are not backed by the government and so are unlikely to pass.  But they are important and are included in this series of emails for completeness.

First, the list of things that might amount to a qualifying disclosure is (a) simplified in language; and (b) expanded to cover mismanagement of public funds, abuse of authority, or anything else set out in Regulations

Second, to be protected, the disclosure must actually be in the public interest (currently, it is enough that the worker reasonably believes it to be in the public interest).

Third, a new ‘Office of the Whistleblower’ will be created within one year of the Employment Rights Bill gaining Royal Assent. It will become the primary channel for disclosures and support (disclosure to employers and other reasonable recipients remain protected). The Office of the Whistleblower will set minimum standards for whistleblowing policies, provide an independent reporting line, and can issue enforcement and redress orders.

Fourth, it becomes an ‘offence’ to intentionally or recklessly subject any whistleblower to a detriment, with claims of detriment to be brought to an employment tribunal, and with those claims carrying substantial fines (up to 10% of global turnover). This ‘offence’ appears to be criminal in nature, but an employment tribunal is an unusual place to hear a criminal case.

Fifth, certain employers (50+ staff, £10 m+ turnover, financial-services firms or those at AML risk) will have to take reasonable steps to investigate any protected disclosure. Regulations (to be made within six months of the Act passing) will define those steps.

New bill (search for “whistle” here: