Whistleblowing solicitors

What is whistleblowing?

Whistleblowing is the reporting of misconduct, illegal activities, or unethical behaviour within a business and organisation. This can include, but is not limited to:

• Financial misconduct: Reporting fraudulent activities such as tax evasion or money laundering.
• Health and safety breaches: Exposing unsafe working conditions or practices that endanger employees, customers, or the public.
• Environmental regulation breaches: Reporting illegal dumping or environmental violations.
• Discrimination and harassment: Addressing workplace discrimination, harassment, or other violations of equality laws.
• Violation of laws or regulations: Reporting any illegal activities that break the law.

Legal protection for whistleblowers

Whistleblowers are protected under the Public Interest Disclosure Act 1998 (PIDA). This legislation is designed to encourage employees to report wrongdoing without fear of retaliation. To receive protection under PIDA, a disclosure must meet the following criteria:

1. The disclosure must be in the public interest, meaning it must affect others beyond the whistleblower, such as the public, other employees, or shareholders.
    
2. The disclosure must fall under one of the following categories:

• Criminal offences.
• Breaches of legal obligations.
• Miscarriages of justice.
• Health and safety dangers
• Environmental damage
• Cover-ups of any of the above.

Retaliation from employers can take many forms, including unfair dismissal, demotion, reduction of duties, or harassment. If you suffer any of these as a result of whistleblowing, you may have grounds for legal action and compensation which can include loss of earnings, future loss of income, and compensation for injury to feelings.

Frequently asked questions

What can you whistleblow about?

There are several issues that you can legally whistle blow about, which are usually referred to as qualifying disclosures. A qualifying disclosure can include raising health and safety concerns, damage to the environment, a miscarriage of justice, a breach of a legal obligation or a criminal offence that has been committed by your employer. You can also whistle blow about an individual who is attempting to cover any of the above up.

It is not necessary that at the time of making a disclosure that the wrongdoing has occurred, but you must have a reasonable belief that it may likely occur.

Additionally, your qualifying disclosure must be deemed as being “in the public interest,” to be protected.

What does “in the public interest” mean?

To be considered as being in the public interest and therefore a protected disclosure, your disclosure must also affect other people e.g. other employees or members of the public. It therefore is unlikely to be enough that it is something that just affects you and is likely just to amount to a personal grievance.

Who can make a protected disclosure?

You are able to make a protected disclosure and bring a claim if you are an ordinary employee, worker (including agency workers), a person who holds office, apprentice, student nurse and midwife, police officer, NHS practitioner (including self-employed doctor), dentist, pharmacist, ophthalmologist or working in the NHS.

However, if you are a self-employed individual, volunteer, non-executive director, solicitor or barrister under professional privilege, a crown employee or member of the armed forces you will not be protected by the law.

Who must the protected disclosure be made to?

Legally you can make a protected disclosure to your employer, legal adviser, government minister (if you work for a statutory body), a person who is responsible for the wrongdoing, a prescribed person or any other person if there is good reason for you to do so.

When making a qualifying disclosure it is best practice to disclose the issue in order of the above, i.e. your employer first, as if you make a disclosure to someone further down the list you will have to meet more requirements to succeed with your claim.

How do you need to make the disclosure?

A disclosure can be made verbally but it is advisable for you to put your disclosure in writing, e.g. in an email or letter and make sure that you that you include sufficient detail and any relevant evidence.

How can Stephensons help?

Our team of experienced employment law can provide expert legal advice and support to whistleblowers. If you face retaliation or unfair treatment after whistleblowing, we can advise and assist you in bringing a claim against your employer and provide representation in the employment tribunal if necessary. Call us on 0161 696 6170 or alternatively fill in our online enquiry form and we will contact you as soon as possible.