Can a settlement agreement stop me from whistleblowing?

As at November 2025 – UK only. General information, not legal advice.

No. A settlement agreement cannot stop you from whistleblowing. UK law protects your right to make a protected disclosure about wrongdoing, even if you have signed confidentiality clauses. Any clause attempting to prevent whistleblowing is unenforceable.

What this means for you 

Even if your agreement contains strict confidentiality wording, it cannot prevent you from reporting serious concerns such as criminal activity, health and safety risks or regulatory breaches. These rights come from the Public Interest Disclosure Act 1998 and cannot be signed away.

What whistleblowing covers 

Protected disclosures can include reporting:

• Criminal offences. 
• Health and safety dangers. 
• Environmental damage. 
• Miscarriages of justice. 
• Breaches of legal obligations. 
• Attempts to cover up wrongdoing.

If you report these issues to a prescribed body such as the Health and Safety Executive, Financial Conduct Authority or HMRC, your disclosure may be legally protected.

How confidentiality clauses really work 

Confidentiality clauses in settlement agreements normally cover the terms of the agreement, the circumstances of your exit and internal information. They should always include clear exceptions, allowing you to speak to regulators, HMRC, law enforcement, medical professionals and your legal adviser.

What happens if an employer tries to restrict whistleblowing 

Any attempt to prevent whistleblowing is void and may be viewed negatively by a tribunal. If you believe a clause unfairly restricts your rights, your adviser can request amendments so the exceptions are made explicit.

Example scenario 

You sign a settlement agreement after raising concerns about unsafe equipment. Months later, you discover further safety failings. You are still legally protected when reporting these issues to the HSE, even though your agreement includes confidentiality wording.

What to do next 

Ask your adviser to review the confidentiality clause and ensure it includes clear whistleblowing exceptions. If you need to make a disclosure, they can help you understand which regulator to contact and how to do so safely.

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At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via  hello@kilgannonlaw.co.uk or  0800 915 7777.

Disclaimer 

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.  This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

12.11.25