The public interest test is one of the most important but least understood aspects of UK whistleblowing law. Under the Public Interest Disclosure Act (PIDA), whether your disclosure qualifies for protection depends on whether it meets the public interest test—a requirement that has evolved through case law and continues to shape how tribunals assess whistleblowing claims.
This guide explains what the public interest test means in practice, how tribunals apply it, and what you need to know to ensure your disclosure qualifies for protection.
TL;DR
The public interest test requires that disclosures relate to matters affecting the public, not just personal grievances.
Since 2013, PIDA explicitly requires all protected disclosures to meet the public interest test.
Personal grievances alone don't qualify, but they can if they reveal wider problems affecting others.
The test is objective: it focuses on the nature of the information, not the whistleblower's motivation.
Multiple individual concerns can be combined to show a pattern that meets the public interest test.
What Is the Public Interest Test?
The public interest test is a legal requirement under PIDA that determines whether a disclosure qualifies for protection. In simple terms, it asks: does this information matter to people beyond just the individual making the disclosure?
The test was introduced explicitly into PIDA through the Enterprise and Regulatory Reform Act 2013, which amended the original 1998 legislation. Before this change, some tribunals had interpreted PIDA as protecting purely personal grievances. The 2013 amendment made clear that protection only applies when disclosures relate to matters of public interest.
The key principle is that the disclosure must concern wrongdoing, danger, or breach of law that affects or could affect people beyond the whistleblower themselves. This might include:
Safety risks affecting multiple employees or the public
Financial misconduct that could harm customers, investors, or taxpayers
Environmental violations affecting communities
Systemic discrimination or harassment affecting groups of workers
Regulatory breaches that undermine public trust or safety
How the Public Interest Test Works in Practice
When a tribunal considers whether a disclosure meets the public interest test, it looks at several factors. The test is objective—it focuses on the nature of the information disclosed, not why the whistleblower raised it.
Factors Tribunals Consider
Tribunals assess multiple factors when applying the public interest test:
The number of people affected or potentially affected by the wrongdoing
The seriousness of the breach or risk
Whether the matter reveals systemic problems rather than isolated incidents
The nature of the wrongdoing (criminal, regulatory, safety-related, etc.)
Whether the disclosure concerns matters of general concern to society
The Objective Nature of the Test
Importantly, the public interest test is objective. It doesn't matter if the whistleblower was motivated by personal grievance, revenge, or other personal reasons. What matters is whether the information itself relates to matters of public interest.
This means that even if someone raises a concern for personal reasons, if the information reveals wrongdoing affecting others, it can still meet the public interest test. Conversely, a genuinely well-intentioned disclosure that only affects the individual won't qualify.
Personal Grievances vs Public Interest
One of the most common questions about the public interest test is whether personal grievances can ever qualify. The answer is nuanced.
A purely personal grievance—for example, "my manager is unfair to me" or "I didn't get the promotion I deserved"—typically won't meet the public interest test on its own. However, personal grievances can qualify if they reveal wider problems:
If the grievance reveals systemic discrimination affecting a group (e.g., "I was discriminated against, and I've seen the same pattern affecting other women in the department")
If it exposes unsafe practices that could harm others (e.g., "I was forced to work in unsafe conditions, and this affects all workers on this site")
If it uncovers financial misconduct or regulatory breaches (e.g., "I was asked to falsify records, which could mislead regulators and customers")
Combining Multiple Concerns to Meet the Test
An important principle established in case law is that multiple individual concerns can be combined to show a pattern that meets the public interest test. This is sometimes called the "aggregation principle."
For example, if several employees each raise concerns about their own treatment, and these concerns together reveal a systemic problem—such as widespread discrimination, unsafe working conditions, or financial irregularities—the combined disclosures can meet the public interest test even if each individual concern might not.
This principle is particularly important for organisations receiving multiple related reports. It means that even if individual reports seem like personal grievances, when viewed together they may reveal matters of public interest that require investigation and action.
Key Case Law Examples
Several important cases have shaped how tribunals apply the public interest test:
Chesterton Global Ltd v Nurmohamed (2017)
This landmark case established that multiple individual concerns can be aggregated to meet the public interest test. The employee raised concerns about financial misreporting that affected his commission, but the tribunal found that the same misreporting affected around 100 other senior managers, making it a matter of public interest.
The Court of Appeal confirmed that the public interest test can be met when disclosures affect a group of workers, even if the disclosure was motivated by personal interest. This case is now the leading authority on aggregation of concerns.
Underwood v Wincanton (2015)
This case clarified that the test is objective and focuses on the nature of the information, not the whistleblower's motivation. The employee disclosed information about health and safety breaches that affected multiple workers, and the tribunal found this met the public interest test regardless of the employee's personal reasons for raising it.
How to Ensure Your Disclosure Meets the Public Interest Test
If you're considering making a disclosure, here are practical steps to help ensure it meets the public interest test:
Focus on the wider impact: Explain how the wrongdoing affects others, not just yourself
Document patterns: If your concern is part of a wider pattern, explain this clearly
Emphasize seriousness: Highlight why the matter is serious and why it matters beyond your personal situation
Link to legal obligations: Connect your concern to breaches of law, regulatory requirements, or safety standards
Be specific about who is affected: Quantify or describe the group of people affected by the wrongdoing
Common Misconceptions About the Public Interest Test
Misconception 1: "Public Interest" Means Media Attention
The public interest test doesn't require that your disclosure be newsworthy or attract media attention. It simply requires that the information relates to matters affecting people beyond yourself. A disclosure about unsafe working conditions affecting 20 employees can meet the test even if it never makes the news.
Misconception 2: You Need to Prove the Wrongdoing
You don't need to prove that wrongdoing occurred. You only need to have a reasonable belief that the information you're disclosing suggests wrongdoing, danger, or breach of law. The public interest test focuses on the nature of the information, not whether it's ultimately proven true.
Misconception 3: Personal Grievances Never Qualify
As discussed above, personal grievances can qualify if they reveal wider problems. The key is whether the information, when properly understood, relates to matters affecting others.
The Public Interest Test and PIDA Protection
Meeting the public interest test is a requirement for PIDA protection. If your disclosure doesn't meet the test, you won't be protected from detriment or dismissal, even if you acted in good faith and followed proper reporting procedures.
This makes understanding the test crucial for anyone considering making a disclosure. For more information about PIDA protections, see our guide to the Public Interest Disclosure Act.
Frequently Asked Questions About the Public Interest Test
How many people need to be affected for it to be "public interest"?
There's no fixed number. Tribunals consider the seriousness of the matter and the nature of the wrongdoing. A disclosure affecting just a few people can meet the test if the matter is serious (e.g., safety risks), while less serious matters might need to affect more people.
Can a disclosure about my own treatment ever meet the public interest test?
Yes, if your treatment reveals wider problems. For example, if you were discriminated against and this reveals a pattern of discrimination affecting others, or if you were forced to work unsafely and this reveals unsafe practices affecting other workers.
Does the test apply to all types of disclosures?
Yes. Since 2013, all protected disclosures under PIDA must meet the public interest test, regardless of whether they concern safety, financial misconduct, discrimination, or other types of wrongdoing.
What if I'm not sure whether my disclosure meets the test?
If you're unsure, consider seeking advice from a solicitor, trade union representative, or whistleblowing charity. You can also frame your disclosure to emphasize the wider impact and explain how the matter affects others beyond yourself.
The public interest test is a crucial requirement for PIDA protection. Understanding how it works helps ensure your disclosure qualifies for protection and that you can raise concerns safely. Remember that the test is objective, focuses on the nature of the information, and can be met through aggregation of concerns that together reveal wider problems.
If you're considering making a disclosure, take time to frame it clearly, explain the wider impact, and seek advice if needed. For organisations, understanding the public interest test helps ensure you handle disclosures appropriately and recognize when individual concerns reveal systemic issues that require investigation.
