Legal review | The importance of whistleblower compensation & protection

Whistleblowers play a critical role in safeguarding organisational integrity by raising concerns about wrongdoing, unethical behaviour, or risks to public safety.

However, those who speak out often face significant personal and professional repercussions. As such, it is essential for HR leaders to ensure that whistleblowers are adequately protected in UK workplaces, both to uphold ethical standards and to safeguard employee wellbeing.

A landmark case currently under review in the Employment Appeal Tribunal (EAT) highlights the growing concern around the protection of whistleblowers. The case, Declan Durey v. South Central Ambulance Service NHS Foundation Trust, raises the potential removal of the "injury to feelings" compensation – a vital mechanism that has provided emotional redress for over 20 years. The implications of this case are far-reaching, not only for those directly involved but for the wider workforce across the UK.

What is "Injury to Feelings" compensation?

For over two decades, whistleblowers have had access to “injury to feelings” compensation as a means to address the emotional distress caused by retaliation. This compensation is separate from financial losses, such as lost wages or demotion. It recognises the emotional toll of victimisation, which can manifest in a variety of ways, including bullying, ostracisation, unreasonable performance management, or disciplinary action. Whistleblowers who continue in their roles often rely heavily on this compensation to validate the personal suffering they endure.