Whistleblowing

Employees and workers gain enhanced protection if they make a ‘protected disclosure’.

A ‘protected disclosure’ means your employee or worker has a reasonable belief that there was or likely to be:

– A danger to health and safety of any person
– The commission of a criminal offence
– A breach of any legal obligation
– A miscarriage of justice
– Damage to the environment
– A deliberate concealing of the above

The disclosure does not necessarily need to be made to your business. It could be made to a statutory agency first, for example, to the Health and Safety Executive.

If a claim for whistleblowing succeeds, then the stakes for your business are very high. It could lead to a finding of automatic unfair dismissal as the normal two year qualifying period does not apply. Compensation may also be awarded for injury to feelings.

Employment Tribunal claims have the potential to cause serious and irreparable damage to your business reputation. All Employment Tribunal decisions are now published online. These decisions can be read by your current and prospective employees and by your customers and business contacts.

If you do receive a claim then it can be stressful and time to seek reassuring professional advice. Whistleblowing claims are complex and require care and experience to defend. Our Employment Team can help you navigate the process. We shall advise you upon the merits of the claim and whether you should consider fighting, or settling. We shall give you sound and pragmatic advice to achieve the best possible outcome.