Protection from dismissal and detriment, and who is covered

Once a disclosure is protected, the law gives the worker two shields.

Automatic unfair dismissal

If an employee is dismissed and the reason, or the principal reason, is that they made a protected disclosure, the dismissal is automatically unfair. Two features make this stronger than an ordinary unfair dismissal claim. First, there is no qualifying period of service: the usual requirement of two years' employment before you can claim unfair dismissal does not apply, so someone in their first week is covered. Second, the usual cap on the compensatory award does not apply, so compensation is uncapped.

Protection from detriment

Dismissal is not the only way to punish someone. The law also protects workers from being subjected to any detriment because of a protected disclosure. Detriment covers things like being demoted, denied promotion or training, given a worse shift pattern, bullied, sidelined, subjected to trumped-up disciplinary action, or having a contract not renewed. Section 4 looks at detriment in more detail from the employer's side.

Who is protected

Protection applies to "workers," and the whistleblowing definition of worker is deliberately broad. It includes:

• Employees on any contract, full time, part time, fixed term, or permanent
• Agency workers supplied to a hirer
• Many contractors and freelancers who personally provide services
• Trainees and those on work experience placements
• NHS practitioners such as GPs, and police officers under specific provisions

Some groups fall outside the ordinary scheme, notably the genuinely self-employed running their own business, volunteers in most cases, and members of the armed forces and intelligence services. But for the overwhelming majority of people in a workplace, including temps and agency staff, the protection applies from day one.