1. What is whistleblowing?

Simply put, it is raising a concern about malpractice at work where the interests of others are at risk. It is covered in law by the Public Interest Disclosure Act 1998 (Pida), introduced following such events as the rail crash at Clapham Junction and the Barings financial scandal, after which it transpired that workers knew of the risks but were afraid, or unable, to raise their concerns. Pida protects workers who blow the whistle from unfair dismissal or victimisation and is intended to encourage responsible whistleblowing.

2. Take your time

If you are planning to expose malpractice, step back first and think about it carefully. “It's rare that something has to be done today,” Cathy James, deputy director of Public Concern at Work, a charity that offers advice on whistleblowing, said. “If this is the case, you'd be better going to the police.”

3. Know what you're doing

Pida has stringent rules as to what constitutes whistleblowing. You are covered only if you are trying to show, in good faith, that certain types of wrongdoing have happened or are likely to happen and are not just a vague possibility. The wrongdoings covered include crimes, failure to comply with a legal obligation, risks to health and safety and damage to the environment. Rebecca Ireland, a partner in Clarkslegal, the law firm, believes that potential whistleblowers should “get advice early on and do their homework ... They don't want to find that they can't bring a claim in tribunal because they've tripped up on a technicality.”

4. Don't obsess over evidence

In the early stages, at least, you should not worry too much about evidence. “You don't have to know exactly what's going on as long as you have a reasonable belief of malpractice,” Mrs Ireland said. “If it's at the early stages and you raise it properly, you can say: 'I'd like to raise a concern, but I don't have all the evidence at this point.'” If the organisation tries to dismiss the concern, that's when you might start to become suspicious. However, do not start snooping about for incriminating evidence. “Be careful not to breach your contract of employment,” Mrs Ireland said, “because that could leave you open to disciplinary action.”

5. Examine your motives

“If you don't, then an employment tribunal will, if it goes legal,” Stephen Heath, a barrister specialising in employment at Tanfield Chambers, said. Ms James believes that it is helpful to “look at the situation as a witness, rather than as a complainant”. To get the protection of Pida, you must be acting in the public interest and not for personal gain.

6. Raise your concerns internally

This is the easiest way to ensure that you are protected under Pida. If this does not get the attention that you are hoping for, a regulator such as the Health and Safety Executive, the Financial Services Authority or a trade union should be the next port of call. The Serious Fraud Office, however, is encouraging City workers to flag up directly to it, via a form on its website, any instances of malpractice.

7. Don't go straight to the press

“A tribunal would look at the identity of the disclosee,” Mr Heath said. “It might be more reasonable to disclose to a trade union, rather than the Daily Mirror.”

8. It's not an excuse

Don't try to use whistleblowing as an excuse in an employment tribunal if that is not why you were dismissed. According to Mr Heath: “Quite often people when they lose their jobs cast around for a reason.” Although whistleblowing may seem a convenient legal tool to use in such a case, Mr Heath said: “In the last year I've done half a dozen [tribunals] where whistleblowing has been involved. Not one has succeeded.” He thinks that this sort of thing may happen more frequently over the next few years, because claims to an employment tribunal increase during a recession and the main reason is redundancies.

9. What if you are the target?

“Take it as an opportunity and investigate thoroughly,” Mrs Ireland said. “It might be that by investigating you'll find some misdemeanour and sort it out. Or you might flush out whether the allegation has been brought in bad faith. You may even find nothing, but don't put your head in the sand.”

10. Create a clear policy

A clear policy is good risk management practice. If employees are clear about how to raise concerns, they are less likely to go externally with them.

The secret's out

— Marks & Spencer was in the headlines in August after an employee told The Times of M&S's plans to cut redundancy benefits for workers by up to 25 per cent. He was dismissed in September for gross misconduct

— Katharine Gun, a former GCHQ translator, was dismissed after being accused of leaking to a newspaper an e-mail on an alleged American campaign to spy on UN delegates before the Iraq war. She was cleared in February 2004 of breaking the Official Secrets Act

— “Deep Throat”, the insider who helped to bring about the downfall of Richard Nixon as US President in 1974 over the Watergate scandal, kept his identity secret until 2005. Mark Felt, a former FBI agent, died last month, aged 95

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