On 27 October 2025, the Law Society issued important guidance on whistleblowing specifically for in-house solicitors, which can be accessed here. We have briefly summarised the guidance below.
You should only disclose specific, factual information and ensure you hold a reasonable belief that the information falls within the following (and the disclosure is in the public interest):
Consider if you are implicated in the wrongdoing, whether reporting would put you in breach of any legal privilege (or any regulations), and whether you have a duty to report the wrongdoing.
It’s important to assess your personal risk, including the risk of being victimised (and how to mitigate against this) and whether the report should be made internally or externally.
As an employee / worker you will benefit from protection under the whistleblowing legislation and therefore have the right not to be dismissed or suffer a detriment following any protected disclosure made.
It is important to ensure that any protected disclosure amounts to a “qualifying disclosure”, as defined in section 43B(1) of the Employment Rights Act 1996 (ERA).
Protections are strongest for internal disclosures or disclosures to prescribed regulators. Public disclosures carry high thresholds and greater risk.
LPP is often the central constraint on in-house whistleblowing. You must assess:
Even external reporting can inadvertently disclose privileged material, so route, format and content need careful control.
The guidance acknowledges that there may be a conflict between your duty to your employer and the general duty to report wrongdoing. The Solicitors Regulation Authority (SRA) guidance provides that in some rare cases, confidentiality may be overridden (e.g. to prevent serious harm, suicide or safeguarding). Where duties conflict, SRA principles place public interest and the rule of law above organisational loyalty.
Depending on the circumstances, you may have:
The duty to report does not override privilege, so the analysis must balance regulatory obligations against LPP constraints. It is important to consult your internal risk and compliance team and gain support on considerations around reporting.
Usually the first step would be to report via line management or senior legal leadership. In some cases, it’s appropriate to bypass normal line management and go to the board or governing body. Internal escalation can mitigate confidentiality risk but does not remove privilege concerns.
It may be appropriate in some circumstances to make an external report, for example to the SRA if you believe a legal professional has committed the wrongdoing, or other regulatory bodies which govern an individual or company’s industry. You should refer to the prescribed persons for whistleblowing purposes. When reporting externally, you should be careful not to disclose LPP material.
For more information please contact the employment team.
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