Whistleblowing Protection

What is whistleblowing?

Where employees report malpractice by their employers or third parties and 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.

If you have a whistleblowing concern and are unsure of your next steps or believe you have been subjected to detriment or dismissal as a result of blowing the whistle please contact our specialist employment solicitors for a confidential and no obligation discussion on
0203 669 2216 or email enquiries@herefordssolicitors.co.uk