Whistleblowing Protection
Where employees report malpractice by their employers or third parties are protected from being victimised or suffering a dismissal as a result.
What can you whistle blow about?
To be protected you have to disclose information concerning one of the six matters below:
- Criminal offences
- Breach of any legal obligation
- Miscarriages of justice
- Danger to the health and safety of any individual
- Damage to the environment
- The deliberate concealing of information about any of the above
Who can I make the disclosure to?
It usually must be made and preferably in writing to the employer, but the disclosure can also be made to as appropriate:
- The person responsible for the relevant failure
- Legal advisers
- Government Ministers
Claims and remedies
A worker may bring a claim in the employment tribunal if they are subjected to any detriment by any act, or any deliberate failure to act, by their employer on the ground that they have made a protected disclosure, this can also include a dismissal.
There is no minimum length of service requirement for bringing a claim of detriment or unfair dismissal based on a protected disclosure.
Compensation and remedies
There is no upper limit on the amount of compensation that can be awarded in unfair dismissal or detriment cases under the whistleblowing legislation. However, the basis on which compensation is assessed in each type of case is different.
Compensation and remedies for unfair dismissal
The usual remedies for unfair dismissal apply (reinstatement, re-engagement and compensation). However, the usual upper limit unfair dismissal compensation does not apply to whistleblowing cases, which is one of the reasons such claims are attractive to employees and feared by employer
Whistleblowing claims are notoriously complex and decisions you make at the outset can have a significant impact upon the success of your claim – accordingly it is best to seek advice as soon as possible.
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