Whistleblowing Claims Solicitors

Things to be aware of before blowing the whistle

Have you disclosed information?

A worker must disclose “information” – not merely gather evidence, make general allegations or threaten to make a disclosure.

Does the subject matter of the disclosure qualify?

To be a “qualifying disclosure”, the information must relate to one of the six categories of malpractice or failure, which includes criminal offences, breach of a legal obligation, miscarriages of justice, danger to health and safety, damage to the environment or the deliberate concealing of information about any of these.

Health and safety breaches

All employers are bound by the Health and Safety Act 1974 and other laws to ensure the health, safety and welfare of their employees. If you become aware of a health and safety breach that has already taken place, or could put others at risk in the future, you may feel it is essential to report it. This could be a qualifying disclosure. .

Environmental damage

With the climate emergency now a high priority for many countries, there are a number of policies and laws in place to protect the environment. Organisations must adhere to these policies, but unfortunately, not all of them do.

If you become aware that your organisation is in breach in any of these laws or policies, you may feel you need to report it. It could amount to a qualifying disclosure. .

Examples of these types of breaches could include:

The avoidance of paying environmental fines,
Incorrect reports of the resources being extracted from public land,
Ocean dumping,
Endangering protected wildlife.

Criminal offence

While all sorts of criminal acts can be committed by anyone, those committed in the workplace are most likely to be financial or white-collar crimes.

These sorts of crimes are often motivated by financial gain and could include fraud, money laundering, tax evasion or embezzlement. Reporting crimes of this nature can amount to qualifying disclosures.

Breaking the law

Employers can violate any number of laws and/or legal obligations., This can impact the organisation internally or have wider-reaching effects. The most common laws broken by employers include discrimination, minimum wage violations, flouting working time regulations and holding the incorrect insurances. Reporting or complaining about these issues can amount to qualifying disclosures.

Cover-ups of wrongdoing

If you believe a person, or group of people, are involved in a deliberate attempt to conceal information regarding malpractice, you can report this and such reports can amount to qualifying disclosures of information.

If you are confused about next steps, we can advise you on the best course of action and the legal basis of your case.

Does the worker have a reasonable belief?

To qualify, the worker must have a reasonable belief that the information tends to show one of the relevant failures.

Is the information in the public interest?

To qualify, the worker must have a reasonable belief that the disclosure is in the public interest.

Is your qualifying disclosure protected?

Not every qualifying disclosure is protected. It depends who the information is disclosed to. As a rule, you should disclose any information internally to a person within your organisation. Disclosures to third parties may be protected if more stringent conditions are met. .

Our friendly solicitors will be able to advise you on the correct channels to take.

Have you been through the right procedures?

Depending on the field you work in and the policies your employer has in place, there will be certain procedures you need to follow when making your disclosure. It is important you stick to these procedures at every stage to ensure your rights as a whistle-blower are preserved.

If you are unsure about your rights or how to proceed, we can advise you on how to make your disclosure and the appropriate tactical and procedural approach.

Should I blow the whistle?

No matter what your profession or industry, it is possible that one day you could uncover dishonesty, malpractice or malfeasance in your workplace. If you are aware of wrongdoing in a public or a private organisation, you may feel you have have the moral obligation to raise awareness to the malpractice. You might also possibly have a legal obligation to report it.

However, we appreciate that it is often a huge step to take and the fear of reprisals is ever-present. That’s why many people choose to seek independent legal advice from an experienced Employment Law solicitor before taking action.

We can offer practical advice and assistance to help you report your concerns in a way that helps avoid difficulties and discourages reprisals.

Whether you are thinking of blowing the whistle or you are already suffering the repercussions of having done so, please contact us.

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Can I be punished for whistleblowing?

Some employers unfortunately do not respond well to whistle-blowers.

Reporting malpractice or failures on your employer’s part can result in unfair treatment or worst case, dismissal from employment altogether. Unfair (detrimental) treatment can include demotion, role restrictions, hostility, harassment, victimisation, restriction of benefits and bonuses, or undue pressure to resign. In serious cases, employers can dismiss those who blow the whistle, which could give rise to a claim of unfair dismissal.

If you have suffered reprisals as a direct result of blowing the whistle, please contact us.

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Time limits for whistleblowing claims

If you’ve been dismissed from work, or you are being treated unfairly because you have blown the whistle, it is important to seek legal advice as soon as possible.

Strict time limits apply to these types of claim. You only have three months (less one day) from the date the unfair treatment occurred or, in cases of dismissal, from the date your employment ended to pursue your claim in the Employment Tribunal, subject to any extension under the rules on ACAS Early Conciliation.

Claims of this nature can be complex and stressful. Our experienced solicitors will shoulder that burden, and will guide you through each stage of the process.

Responding to unfair treatment from your employer

If you have been treated unfairly, there are a number of steps that can be taken to try to remedy the situation.

You could lodge a grievance complaint about the unfair treatment and follow an internal grievance procedure. This could help to resolve the outstanding issues with your employer. You will be protected from victimisation because you have made the complaint.
If a grievance is unsuccessful and your position has become untenable, you could try to negotiate an exit package with the employer. Where successful, such discussions usually result in the offer of a settlement agreement. This can include better financial terms, or restrictions on the wording of any references sent to future employers.
As a last resort, if you have been unfairly dismissed, or you have been forced to leave because of the way you have been treated (Constructive Dismissal), our experienced solicitors can explore the possibility of a pursuing an Employment Tribunal claim against your employer.

For more information on how we can assist you, please get in touch.

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Why Morrish Solicitors?

Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.

We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.

Personal service

As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.

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All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.

Want more information? Contact a member of our team today.

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