The BDBF Podcast: News and Insights for the Employment Law Community
Jun 22, 2026 · 31 min · 11 segments
When NHS staff blow the whistle, the consequences can be devastating. How can healthcare professionals raise serious concerns while protecting their careers? In this special episode of *The BDBF…
Samantha ProsserGuest
Clare BreretonHost
So I think it'd just be helpful for our listeners if we could just go right back to the basics to day one.

And if you just wouldn't mind running through with us, what is whistleblowing in the legal sense? What do we mean by that at law?

And I think it's a good question to start because most people don't understand how prescriptive whistleblowing law is and what someone would ordinarily think is a whistleblowing disclosure may not actually be the case in law.

Not every complaint or concern that you raise could amount to a whistleblowing disclosure.

So firstly, you need to make what is known in law as a protected disclosure.

You need to convey some facts, not just opinion or throwaway comments or assertions.

And that information that you're disclosing needs to show evidence a relevant failure in law and some kind of wrongdoing in law.

And most of the time in the NHS work that I do, we're talking about flagging risks to patient safety, breaches of legal obligations, fraud, safeguarding issues.

You also need to have a reasonable belief at the time that you disclose the information of that wrongdoing.

You don't necessarily need to be right, but you have to have a reasonable belief at the time.

So some NHS-specific examples I've seen in practice are about individuals raising unsafe staffing levels where there's not enough cover on a particular rota, Poor clinical practices, for example, surgical complication rates are outside the norm or acceptable levels.

I've also seen where people are raising allegations about misuse of public funds.

So I've seen allegations where an individual is concerned that a colleague is doing private practice work during their NHS time, for example.

So it's quite a broad range of different things that you can take into account there.

As long as you can relate it back to risk to patient safety or health and well-being of your colleagues, a breach of a legal obligation, that's quite wide.

So I think it'd just be helpful for our listeners if we could just go right back to the basics to day one.

And if you just wouldn't mind running through with us, what is whistleblowing in the legal sense? What do we mean by that at law?

And I think it's a good question to start because most people don't understand how prescriptive whistleblowing law is and what someone would ordinarily think is a whistleblowing disclosure may not actually be the case in law.

Not every complaint or concern that you raise could amount to a whistleblowing disclosure.

So firstly, you need to make what is known in law as a protected disclosure.

You need to convey some facts, not just opinion or throwaway comments or assertions.

And that information that you're disclosing needs to show evidence a relevant failure in law and some kind of wrongdoing in law.

And most of the time in the NHS work that I do, we're talking about flagging risks to patient safety, breaches of legal obligations, fraud, safeguarding issues.

You also need to have a reasonable belief at the time that you disclose the information of that wrongdoing.

You don't necessarily need to be right, but you have to have a reasonable belief at the time.

So some NHS-specific examples I've seen in practice are about individuals raising unsafe staffing levels where there's not enough cover on a particular rota, Poor clinical practices, for example, surgical complication rates are outside the norm or acceptable levels.

I've also seen where people are raising allegations about misuse of public funds.

So I've seen allegations where an individual is concerned that a colleague is doing private practice work during their NHS time, for example.

So it's quite a broad range of different things that you can take into account there.

As long as you can relate it back to risk to patient safety or health and well-being of your colleagues, a breach of a legal obligation, that's quite wide.
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