Whistleblowing Protection in the UK – When can Employees Blow the Whistle?

What is Whistleblowing?

Whistleblowing is the act of reporting any misconduct or illegal activities by an employer, and it plays a vital role in maintaining transparency and accountability in the workplace.

Whistleblowers are protected by law under the Public Interest Disclosure Act 1998, and it aims to encourage individuals to speak up about wrongdoing without fear of retaliation.

There are two significant aspects to consider in whistleblowing:

Types of Disclosure

At present, the legal framework established by the Public Interest Disclosure Act 1998 allows for the following types of disclosures:

• A criminal offence;

• A breach of legal obligation;

• A miscarriage of justice;

• A danger to health and safety of an individual;

• Damage to the environment or related to a deliberate attempt to conceal any of these matters; and

• That information relating to any of the above has been or is likely to be deliberately concealed.

Public Interest

Any disclosure made under whistleblowing has the requirement to be made in the public interest. This means that a whistleblower must reasonably believe that their disclosure in the interest of the public, and not only for their own personal gain or to settle a private dispute.

It is also important to note that initially, a disclosure must be made to an appropriate authority to be protected under the law, such as senior management or a regulatory body.

The recent case of Chesterton Global Ltd & Anor v Nurmohamed [2017], the Court of Appeal clarified the position in relation to public interest and stated that a disclosure that is made in the interest of a group of workers, even it primarily affects their own interests, can still qualify as being in the public interest.

"Am I Protected If I Blow The Whistle?"

Whistleblowers are generally guarded against unfair dismissal, detrimental treatment, harassment and victimization as a result of their disclosures.

What this means is that, if you blow the whistle and are then subjected to detriments such as: being isolated, suffering disciplinary sanctions; forced into a demoted; spoken to inappropriately or suddenly dismissed due to making the protected disclosure, you may also have a potential claim for unfair dismissal as a result of Whistleblowing. In order to make a claim, there is no qualifying period of employment required.

How We Can Help...

Our Employment Law team is well-versed and experienced in whistleblowing matters, therefore, if you are a Whistleblower and want advice when making a protected disclosure against your employer, or you are a Business and believe a protected disclosure can be made against you, do not hesitate to contact Lawson-West Solicitors. Please contact us on telephone 0116 212 1000 or alternatively fill in the free Contact Us form and we will get in touch as soon as possible.

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