Whistleblowing 

Protection for Employees 

Whistleblowing is the common term for the disclosure of information by an employee to an employer which in the reasonable opinion of the employee tends to show that a criminal offence, breach of a legal obligation or a miscarriage of justice has occurred.

The Public Interest Disclosure Act 1988 provides protection for the whistleblower.  Under the provisions of the Act, the whistleblower has the right not to suffer detriment or to be dismissed as a result of the disclosure.

The purpose of the legislation is to ensure that an employee who makes a disclosure should not be victimised as a result. 

A whistleblower who suffers detriment or dismissal from his employment as a result of his/her disclosure can bring a claim in the Employment Tribunal.

A claim for treatment to the detriment of the whistleblower may be made whilst the whistleblower is still in the employment.

If the whistleblower is dismissed the claim will be for unfair dismissal.  If the whistleblower resigns as a result of his treatment by the employer following his whistleblowing the claim will be for constructive dismissal.

The legislation is not intended to give the whistleblower an opportunity to claim compensation and to punish the employer.  Any compensation awarded is to compensate for legally recoverable losses and in the case of unfair dismissal for injury to feelings.  It is also intended to encourage employers to put into place a whistleblowing policy.

There are limits on the rights of the whistleblower.  Therefore, if you are thinking of blowing the whistle consider the following:

• Does your employer have a whistleblowing policy?
• Do not investigate the alleged breach yourself?  If you do you may put yourself in breach of your duty to your employer.
• Be seen to be reasonable.
• Only disclose information to the appropriate person.
• Understand that it may not be possible for you to remain anonymous.
• You do not have any say in the form of investigation your employer chooses to carry out or the areas of that investigation.
• The whole process may be extremely stressful.
• If you are unsure of your position take legal advice.

If you have information that you feel you should disclose to your employer and you are unsure of what action to take and what effect it may have on you .........

Call, to set up a fixed fee meeting

• one of our Employment Law Team

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• 0845 270 2511

.................or Request a Call Back