Court of Appeal rules whistleblowing protection does not apply to external job applicants

In the case of Sullivan v Isle of Wight Council, the Court of Appeal (COA) has confirmed that whistleblowing protections do not apply to external job applicants. The legal challenge was raised by the whistleblowing charity, Protect, which filed a third-party intervention at the COA.

The current scope of whistleblowing law does not cover external job applicants, other than those applying to the NHS who are protected by the Employment Rights Act 1996 if they make a protected disclosure.

Protect’s Chief Executive, Elizabeth Gardiner, said the judgment was “disappointing”. She went on to say: “Job applicants who blew the whistle in a former role will have no remedy if a new employer refuses their application simply because they raised concerns in the past.”

“We know of many whistleblowers who have had to change their professions: whistleblowing still comes with a huge personal cost. We continue to operate in a two-tier system with one rule for NHS job applicants and another rule for everyone else.”

The Office of the Whistleblower Bill was put forward to Parliament in December 2024. The Bill proposes to establish an independent Office of the Whistleblower to protect whistleblowers. It will:

• set, monitor and enforce standards for the management of whistleblowing cases
• provide disclosure and advice services
• direct whistleblowing investigations
• order redress of detriment suffered by whistleblowers.

By having this office in place, the Bill also proposes that it will be a designated body to which people can report when they have made a disclosure. The Bill will need to go through the full parliamentary process before becoming law.

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