Businesses are held to increasingly high standards – by regulators, by employees, and by the public. Yet one area that still creates confusion for managers and HR teams is distinguishing between a grievance and a whistleblow (also known legally as a protected disclosure).
Let’s break down the distinction in a simple, practical way.
What Is a Grievance?
A grievance is a personal workplace complaint.
Think of issues like:
- “I feel I’m being unfairly treated by my manager.”
- “I’m unhappy with my pay.”
- “I believe I’m being bullied.”
These concerns relate directly to the individual employee. Grievances are handled through your internal grievance policy, and while they must be taken seriously, they do not carry specific legal protections beyond general employment rights.
If a grievance isn’t handled properly, the employee may escalate to a claim – such as constructive dismissal – but this is still different from whistleblowing.
What Is a Whistleblow (Protected Disclosure)?
A protected disclosure is a much more serious allegation and carries strong legal protections for the employee.
For a concern to be classed as a whistleblow, it must allege specific wrongdoing, such as:
- Criminal activity
- Breaches of legal obligations
- Health and safety risks
- Environmental damage
- Misuse of public funds
- A cover-up of any of the above
Crucially, the complaint must be made in the public interest. This means it affects more than just the individual-it affects the wider workforce, customers, the public, or the environment.
Example:
If an employee reports that equipment safety checks are being falsified, and this poses a danger to staff or the public, that is a protected disclosure – even if they themselves are personally at risk.
Key Differences at a Glance
- Personal vs. Public Interest
- Grievance: personal complaint
- Whistleblow: concern that impacts others or the public
- Purpose of the Process
- Grievance: resolve an individual’s issue
- Whistleblow: expose wrongdoing, illegality, or risk
- Legal Protection
- Grievance: standard employment rights
- Whistleblow: strong legal protection against dismissal or retaliation
- Handling Routes
- Grievance: internal grievance procedure
- Whistleblow: formal whistleblowing channels – internal or, if necessary, external
Why the Distinction Matters
It’s not uncommon for employees to use the wrong terminology:
- Someone may think they’re whistleblowing when their issue is actually a grievance.
- Or an employee may raise a grievance that contains a protected disclosure-without realising it.
In both cases, it’s the employer’s responsibility to identify whether the matter meets the legal test for a protected disclosure.
If an employee has indeed blown the whistle-whether they intended to or not – you must follow the appropriate process. Failure to do so exposes the organisation to significant legal and financial risk.
And remember: even if an employee doesn’t want their complaint escalated, you may still be legally obligated to investigate the wrongdoing they’ve raised.
Why This Matters for Your Culture and Compliance
A workplace that clearly distinguishes grievance vs. whistleblow:
- Builds trust
- Reduces legal risk
- Improves safety
- Encourages transparency
- Supports early identification of misconduct
- Creates a healthier, more compliant organisation
But none of this is possible without the right policies and training in place.
Do You Have the Right Policies in Place?
Every organisation – regardless of size – must have both:
- A clear Grievance Policy
- A solid Grievance Procedure – such as our HR software!
- A robust Whistleblowing (Protected Disclosure) Policy
Both must explain:
- How issues should be raised
- How they will be handled
- What protections employees have
- Who they can escalate to – internally or externally
- How confidentiality is safeguarded
If your policies aren’t clear, up to date, or understood by managers, you could be exposing your organisation to unnecessary risk.
Need Support? We Can Help.
If you want to strengthen your grievance or whistleblowing processes – or ensure your policies are legally compliant and fit for purpose – we specialise in helping organisations:
- Draft or update policies
- Train managers and teams
- Reduce risk and increase compliance confidence
Book a free consultation with our award-winning lawyers or demo of our HR software today and get it legally right.