January Newsletter

Dear ,

In this month’s newsletter 

• What to expect from 2026 Q1 

• Hillsborough Bill briefing 

2026 brings significant changes in whistleblowing, and employers will want to be updating policies and processes to reflect the changes in the Employment Rights Act. The new whistleblowing category of concern takes effect in April 2026 while October sees further strengthening of the laws against sexual harassment in the workplace. Our advice cases in 2025 continue to show high levels of harassment, bullying and discrimination across many sectors.     
 
This month, Dr Susan Gilby – the former Chief Executive won £1.4m in a tribunal case against the Countess of Chester NHS Trust. The Tribunal found she had been automatically unfairly dismissed and subjected to detriments as a whistleblower. The tribunal noted that “even if the claimant’s disclosure was limited to her personal contract of employment, the fact that a CEO was raising allegations of bullying against the Chair is of public interest”. Much needed changes to whistleblowing in the NHS and better regulation of managers should be high on the agenda this year. 

We look forward to the conclusions of long-running public inquiries into the Horizon IT Scandal and the Thirlwall inquiry, which will shine a light on what happens when concerns are ignored - and why effective whistleblowing systems matter. Meanwhile the “Hillsborough” Bill has been paused while the Government and campaigners negotiate how best to include the intelligence agency within the new Duty of Candour. We continue to call for stronger whistleblowing protections in the Bill for those who are required to speak up in the public sector. 

Earlier this month we co-hosted a roundtable for employers with our friends at Mayer Brown. The theme was the challenge of hybrid cases – where grievances and whistleblowing concerns are hard to unpick.  These sessions are a vital space for organisations to share experiences and learn from one another - especially for HR and whistleblowing teams navigating complex and sensitive cases.   

Finally, we’re proud to be going into another year doing what we do best, advising whistleblowers and supporting employers handle whistleblowing concerns safely and effectively. If you are in a place to do so we’d appreciate any support you can offer, our donations page on our website is always open.  

Elizabeth Gardiner & Sybille Raphael
Protect Joint-Chief Executives

Looking ahead to 2026, several major developments will shape whistleblowing law and practice. The Supreme Court will hear the whistleblowing cases Rice v Wicked Vision Ltd and Barton Turns v Treadwell, with Protect seeking to continue its role in highlighting the real-world impact of the law. There will be significant changes under the Employment Rights Act 2025, and we’ll see the conclusions of at least two major inquiries. More detail on the year to come in our latest blog. 

A key challenge for employer in 2026 will be to stay ahead of the curve when it comes to legal and regulatory challenges and Protect is well placed to help do this.   

January will see changes to the Corporate Governance Code and Boards will be required to do more than just say the right frameworks are in place - they’ll be expected to actively monitor them throughout the year. While in September the Financial Conduct Authority’s clearer- and stricter- non-financial-misconduct rules relating to bullying, harassment and retaliation against whistleblowers will come into force.  

We can assist employers with these challenges through our consultancy and training support for organisations. For more detail on our plans to support in employers this year see ours blog. 

The Hillsborough Briefing

The Public Office (Accountability) Bill, known as the Hillsborough Bill, is expected to become law by spring 2026. The bill aims to tackle the culture of cover-ups seen in major public scandals such as Grenfell, the Infected Blood scandal and the Post Office Horizon case, by introducing a Duty of Candour for public officials, a new offence for misleading the public, and better legal support for bereaved families. Protect supports these proposals but believes the bill will only be effective if it includes stronger protections for those who speak up. We are calling for clearer duties on public bodies to investigate whistleblowing concerns, prevent victimisation, and protect whistleblowers from retaliation. While MPs across parties have pushed for whistleblowing to be part of the legislation, the Government has so far resisted major amendments, so we will continue working with MPs, Lords, and civil society to keep whistleblowing front and centre as the bill moves through Parliament. 

2026 training dates

We’ve got more training lined up in 2026 to help organisations build stronger, fairer whistleblowing systems.  

• First up on 5 March is our Whistleblowing Essentials session: a practical introduction to best practice for organisations.  
• Then on 19 March, join our Financial Services Whistleblowers’ Champion Masterclass, designed for those working in or with regulated financial firms.  

• Following that, on 30 April, we’re running Investigating a Whistleblowing Concern, focused on how to handle and investigate reports effectively and confidently.  

All sessions are online and delivered by our expert team, bringing decades of whistleblowing experience straight to your screen. 

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