We often hear from Freedom to Speak Up guardians, leaders and others that they feel unsure about how the Public Interest Disclosure Act 1998 (PIDA) affects their role in supporting workers who speak up. For example, some have said, “A worker wants to make a qualifying disclosure… We’re not sure how we should respond.” Others have said, “The issue the worker has raised is not a qualifying disclosure under PIDA, so we cannot protect them.”
This blog aims to address that confusion. It is written for guardians, but also for anyone with responsibility for responding to workers who speak up – whether on the frontline, in leadership roles, or at a regulatory level. Its purpose is to provide clarity and confidence to support a consistent, high-quality response when people speak up.
Listening because it’s right – not because the law requires it
Listening, taking concerns seriously and acting on them is not only the right thing to do morally – it is business-critical. Workers are often closest to the risks, insights and experiences that affect the safety, culture and performance of our services.
That is why Freedom to Speak Up is broad and inclusive. Guardians are there for all speaking up matters – not just those that fall within a particular legal definition. The same applies to managers, leaders and board members. Whether someone is raising a concern or suggesting improvements – about patient safety, staff wellbeing, culture, governance or anything else – the expectations are the same:
- Respond in a timely, fair and impartial way
- Take action and provide feedback
- Protect the individual from any potential retaliation
- Offer support and seek feedback
This approach ensures that everyone who speaks up receives a consistent and high-quality response – regardless of how their concern is categorised.
Understanding the law – and its limits
The Public Interest Disclosure Act (1998) was introduced in response to a series of disasters, scandals and tragedies – such as the Zeebrugge ferry disaster and the Clapham rail crash – where workers had tried to raise concerns about safety or wrongdoing but were either too afraid to speak up, or were ignored when they did. The legislation gives workers the right to seek redress if they suffer retaliation or dismissal for raising a concern that meets the legal definition of a qualifying disclosure.
However, it’s important to understand what PIDA does not do. For instance, it does not:
- Tell us how to handle concerns
- Prevent retaliation – it offers redress after the fact
- Apply to all workers or all speaking up cases
In other words, it is a legal backstop – not a blueprint for good practice.
A useful analogy for understanding the relationship between the Freedom to Speak Up and PIDA is to think about the difference between a healthy marriage and divorce law:
- Freedom to Speak Up is grounded in the everyday behaviours and principles that help organisations work safely and effectively – openness, honesty, respect and shared responsibility. It’s about creating the conditions that prevent harm, resolve issues early, and build lasting trust.
- PIDA, by contrast, is like divorce law – or a pre-nuptial agreement. It’s there for when things have gone wrong. It offers legal safeguards and redress, but it’s not something you would base a healthy relationship on. Likewise, PIDA should not be the basis on which you approach people in your organisation speaking up.
Common misunderstandings – and how to address them
Confusion often arises when there is a blurring of the lines between what goes into creating a strong speaking up culture and the legal protections under PIDA. Here are four common examples we hear—and how to respond.
“A worker wants to make a qualifying disclosure… We’re not sure how we should respond.”
Workers may be concerned about experiencing retaliation after raising a concern. This is one reason why someone might say they are making a qualifying or protected disclosure under the Public Interest Disclosure Act – because they believe it could help them if they later need to bring a legal claim.
If a worker is worried about retaliation, take their concern seriously. Reassure them about the process, explore ways their concern can be handled safely – such as protecting their identity – and give them confidence that they will be supported.
Regardless of how the concern is described or what terminology the worker uses, the substance of the case must be treated the same as any other. Managers, guardians and leaders should always respond with the same high-quality approach: listen, support and act.
“The issue the worker has raised is not a qualifying disclosure under PIDA, so we cannot protect them.”
This reflects a misunderstanding of the law. PIDA doesn’t stop you from protecting someone – it simply provides a legal route for redress if protection fails.
Whether or not a concern meets the legal definition of a qualifying disclosure, you should always respond with the same care, consistency and commitment to supporting the person speaking up.
“I’ve been asked to treat qualifying disclosures differently… but I don’t know why, or what that would involve.”
If a request like this is made, it may come from someone in a leadership role. It’s important to engage constructively and ask: What’s the rationale for treating such cases differently? In most cases, there will be no reason to do so. The same high standards – listening, acting, supporting – should apply to all speaking up cases, regardless of how they’re described.
One exception is where the organisation is a prescribed person under PIDA. These are mainly regulatory bodies – such as the Care Quality Commission or NHS England – that have a legal duty to report annually on qualifying disclosures they receive. In those cases, identifying whether a concern meets the legal threshold may be necessary for reporting purposes.
But even then, that only affects how the case is recorded – not how the person is treated. All workers who speak up should receive the same high-quality response.
We will explore the role of prescribed persons further in a future blog.
“I’d welcome clarity on the Public Interest Disclosure Act.”
Wanting to understand the basics of the law is entirely understandable – but guardians, managers and leaders are not expected to be experts on PIDA, or to advise others on it. Instead, your role is to ensure that any worker who speaks up is treated with respect, taken seriously, and supported throughout.
If a worker is seeking guidance on PIDA specifically, there are sources of advice and guidance available:
- Trade unions may be able to advise their members
- Some insurance policies include legal expenses cover for employment-related matters
- Workers can contact independent advice services, such as Protect.
Freedom to Speak Up guardians can seek support from the National Guardian’s Office if they’re unsure how to proceed or need a sounding board.
Final thoughts
Our responsibility when someone speaks up is to ensure they are heard and supported, and that we respond to what they are bringing to our attention. Freedom to Speak Up shows us how: act promptly, be impartial, never victimise and follow up. It’s built on the principle that all concerns matter, and all workers deserve a safe space to raise them.
This approach ensures that legal protection becomes what it was always meant to be – a last resort for the worker, not a first consideration for the organisation. Crucially, by getting the culture and arrangements right, organisations can create an environment where workers are not having to rely on legal redress for being mistreated.