Whistleblowing

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Glossary · GRC and resilience

Whistleblowing

Also called speaking up, protected disclosure

Definition

Whistleblowing is the reporting of suspected wrongdoing, such as fraud, misconduct or regulatory breaches, by someone who sees it at work. Laws protect whistleblowers from dismissal or other retaliation. UK and EU rules require many regulated firms to offer confidential internal channels, and staff can also report directly to regulators such as the FCA or the SEC.

CONFIDENTIALNO RETALIATIONBOARD CHAMPION
Fig. 1 · Whistleblowing
FCA SYSC 18 · Public Interest Disclosure Act 1998 · Directive (EU) 2019/1937
Key rulesFCA SYSC 18 · Public Interest Disclosure Act 1998 · Directive (EU) 2019/1937 · Dodd-Frank Act s922
Applies toUK banks, building societies and PRA-designated investment firms other than small deposit takers, and Solvency II insurers
RegionsUK · EU · US
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How it works

A bank runs internal reporting channels that allow confidential or anonymous reports, often through a hotline or online platform. A designated team assesses each report, investigates, protects the reporter's identity and records outcomes. In the UK, larger banks and insurers must appoint a whistleblowers' champion at board level. Staff can bypass internal routes and report directly to the regulator.

Whistleblowers often surface problems that controls miss, including mis-selling, market abuse and financial crime. Regulators treat a weak speak-up culture as a governance failing. Retaliation exposes firms to employment claims and supervisory action. In the US, the SEC pays awards of 10% to 30% of sanctions over $1 million where original information leads to a successful enforcement action.

Step 1Open channelsProvide confidential and anonymous routes to report concerns
Step 2Assess reportsTriage each report and assign an independent investigator
Step 3Protect reportersKeep identities confidential and prevent retaliation
Step 4Report to boardGive the board regular reports on cases and outcomes
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The rules

UK · 7 September 2016FCA SYSC 18FCA Senior Management Arrangements, Systems and Controls sourcebook, chapter 18: Whistleblowing

Requires internal whistleblowing arrangements, a whistleblowers' champion and staff to be told they may report directly to the FCA or PRA.

UK banks, building societies and PRA-designated investment firms other than small deposit takers, and Solvency II insurers
UK · 2 July 1999Public Interest Disclosure Act 1998Public Interest Disclosure Act 1998

Protects workers who make qualifying disclosures in the public interest from dismissal and detriment.

Workers in the UK
EU · 17 December 2021Directive (EU) 2019/1937Directive on the protection of persons who report breaches of Union law

Requires internal reporting channels, feedback within three months and protection for reporters against retaliation.

Public and private entities in the EU with 50 or more workers, and all financial services firms in scope of EU law
US · 21 July 2010Dodd-Frank Act s922Dodd-Frank Wall Street Reform and Consumer Protection Act, section 922

Created the SEC whistleblower programme, paying 10% to 30% of sanctions over $1 million and barring retaliation.

Individuals reporting securities law violations to the SEC
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Common questions

Can employees report directly to the FCA?

Yes. Workers do not have to use internal channels first. Firms covered by SYSC 18 must tell staff they can report to the FCA or PRA, and settlement agreements cannot stop a worker from making a protected disclosure.

What does a whistleblowers' champion do?

The champion is a senior manager responsible for overseeing the integrity, independence and effectiveness of the firm's whistleblowing policies. In the UK the role sits with a non-executive director at firms in scope of SYSC 18, and the champion reports to the board.

Are anonymous reports allowed?

Many firms accept anonymous reports and UK rules require firms to be able to handle them. The EU directive leaves it to member states whether organisations must accept anonymous reports, but anonymous reporters who are later identified still receive protection.

Are whistleblowers paid for reporting?

In the UK and EU, there are no general reward schemes for whistleblowers. In the US, the SEC and CFTC pay awards when original information leads to sanctions above $1 million, set at 10% to 30% of the amount collected.