How Whistlers are Protected by the Law - Prolegal

How Whistlers are Protected by the Law

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“Whistleblowing” occurs when an employee or worker raises concerns or worries about wrongdoing or malpractice within the workplace.

The key piece of legislation relating to Whistleblowing is the Public Interest Disclosure Act 1998, which protects employees regardless of age and length of employment.

To be protected, the disclosure must raise concerns about:

  • Criminal offences
  • Failure to comply with legal obligations
  • Miscarriages of justice
  • Danger to the health and safety of employees
  • Damage to the environment
  • A deliberate attempt to hide or cover up any of the above

A disclosure that the employer is failing to comply with legal obligations to the employee or worker is covered by the legislation.

The disclosure must be in good faith (which means with honest intent and without malice), and the employee must reasonably believe that the disclosure is substantially true.

To be protected, disclosures should be made to your employer or certain prescribed bodies. Disclosures made to other persons can also be protected in certain circumstances.

There are some disclosures however which will not be protected. This could occur if a worker broke the law through making a disclosure.

If a worker is dismissed for whistleblowing, they could make a claim for unfair dismissal, regardless of how long they have been in employment. A worker can also claim compensation for detrimental treatment such as being demoted or denied a promotion, because of blowing the whistle. If a worker has had to resign as a result of the treatment they have suffered for whistleblowing, they may also have a claim for constructive dismissal.

Here at Prolegal we can help you:

(a)  bring a grievance that you have suffered detrimental treatment because of whistleblowing

(b)  help you fight a disciplinary process implemented after you have blown the whistle

(c)  help you bring a Tribunal claim that you have been dismissed, constructively dismissed or suffered detrimental treatment after blowing the whistle

Strict time limits of 3 months apply to whistleblowing claims so do not delay in seeking advice from our specialist team.

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