What is Evidencia - Centralized Whistleblowing & Case Management platform?

La solution SaaS centralisée pour la gestion des cas d'investigation, le lancement d'alertes et la conformité.

Has Brexit affected whistleblower protection in the UK?

Yes. Since Brexit, the UK is no longer subject to EU Directive 2019/1937 and has not adopted an equivalent. PIDA 1998 remains the reference law, although several rights organisations consider it insufficient.

What is a "qualifying disclosure"?

A "qualifying disclosure" is a protected report under PIDA. It must relate to violations of law, risks to health/safety, environmental damage, miscarriage of justice, concealment of information, or risks to the public interest. The disclosure must be made "in good faith".

Must EU-based companies comply with PIDA for their UK employees?

Yes. Any company employing workers in the UK is subject to PIDA for those workers. If the same company has EU subsidiaries, it must also comply with applicable European laws for those subsidiaries.

Is the UK considering strengthening PIDA?

Discussions have been ongoing for several years. Organisations like Protect (formerly Public Concern at Work) advocate for a major reform including a dedicated national authority, reversal of burden of proof, and mandatory internal channel obligations.

Can Evidencia be used for companies with UK and EU entities?

Yes. Evidencia is particularly suited for cross-border groups: you can centralise reporting channels while respecting each country's specific requirements (UK via PIDA and EU via national transpositions of the Directive).

Whistleblower Regulation in the United Kingdom

Public Interest Disclosure Act (PIDA) - Post-Brexit Differences

Since Brexit, the UK is no longer subject to EU Directive 2019/1937. It maintains its own regime based on PIDA 1998, one of the world's first but considered by some experts as insufficient today.

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Regulation Overview

The UK legal framework

Law name

Public Interest Disclosure Act 1998 (PIDA)

Reference

Public Interest Disclosure Act 1998, as amended by the Enterprise and Regulatory Reform Act 2013

In force since

2 July 1999 (amended 2013)

Application threshold

All employers (no minimum threshold)

Competent authority

Prescribed persons by sector (FCA, Serious Fraud Office, HSE, HMRC, etc.)

Penalties

Civil liability before Employment Tribunal; no direct sanction for absence of channel

Who Is Affected?

Scope of PIDA

PIDA applies to all UK employers, with no minimum size threshold. All employees, workers, and certain independent contractors are covered. Unlike the EU Directive, there is no obligation for an internal channel.

Reporting Methods

A different regime from the EU

Reporting to employer

Encouraged but not mandatory. Reporting to the employer is the recommended first step. There is no legal obligation to set up a formal internal channel under PIDA, unlike the EU Directive.

Prescribed persons

A list of over 70 designated authorities ("prescribed persons") by sector: FCA (financial services), HSE (workplace safety), SFO (serious fraud), HMRC (tax), CQC (healthcare), etc. Reporting to a prescribed person is protected without requiring exhaustion of internal channels.

Whistleblower Protections

The PIDA regime - Strengths and weaknesses

Protection against unfair dismissal and professional retaliation

Unlimited compensation before Employment Tribunal (no cap)

No limitation period (unlike other claims)

Protection for "qualifying disclosures" of public interest

Weaknesses: burden of proof remains on employee, no protection against systemic psychological harassment

No dedicated national protection authority as in Europe

Remedies for Retaliation

Avenues of recourse and limitations

Protection is exercised primarily through the Employment Tribunal. In case of proven retaliation, compensation is theoretically unlimited, but the burden of proof remains difficult for the whistleblower to overcome. PIDA reforms are under discussion.