External routes: prescribed persons, the media, and getting advice

If internal routes have failed, or are clearly not appropriate, the law provides protected external routes. The key is choosing the right one, because protection is not the same for every audience.

Prescribed persons

The government maintains a list of "prescribed persons," mostly regulators, to whom disclosures can be made with legal protection. The disclosure must relate to the matters that body is prescribed for, and you must reasonably believe the information and any allegation in it are substantially true. Examples include:

• The Financial Conduct Authority (FCA) for financial services misconduct
• The Health and Safety Executive (HSE) for workplace health and safety risks
• HM Revenue and Customs (HMRC) for tax fraud and evasion
• The Information Commissioner's Office (ICO) for misuse of personal data
• Others such as the Environment Agency, the Care Quality Commission, and Ofsted, each within their own remit

Going to the relevant regulator is a legitimate, protected act, especially where internal routes have been exhausted or the organisation itself is the problem.

The media: a narrow last resort

Disclosing to a journalist is only protected in narrow circumstances. Broadly, the failure must be exceptionally serious, or you must have reasonable grounds such as a genuine fear of victimisation or a cover-up, usually having tried internal routes or a regulator first, and the disclosure must be reasonable in all the circumstances and not made for personal gain. Get advice before going anywhere near this route, because getting it wrong can cost you the protection entirely.

Free, confidential advice: Protect

The UK charity Protect runs a free, confidential advice line for workers who are unsure whether, how, or where to raise a concern. Speaking to Protect is not itself blowing the whistle, so you can talk through your situation safely before deciding what to do. If you take one practical point from this section, make it this: when in doubt, get advice before you act.