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Employment Law

Whistleblowing

Whistleblowing is the act of disclosing wrongdoing in the workplace, perhaps unlawful activities or failures to comply with legal obligations or risks to the heath and safety of individuals or the environment. We can advise on the rights of an employee in this regard, which an employer must respect.

Frequently Asked Questions

  • What protection do whistleblowers have?

    The dismissal of an employee will be automatically unfair if they have made a protected disclosure. There is no qualifying minimum period of service to bring a claim of unfair dismissal where the reason for dismissal is whistleblowing, and the Tribunal is not restricted by the usual upper limit on compensation.

  • What is a protected disclosure?

    An employee makes a protected disclosure if they share information which they reasonably believe is in the public interest and shows that one of the following has or is likely to occur:

    • a criminal offence;
    • breach of any legal obligation;
    • miscarriage of justice;
    • danger to the health and safety of any individual;
    • damage to the environment; or
    • the deliberate concealing of information about any of the above. 
  • When is a belief reasonable?

    As long as the worker subjectively believes that the relevant failure has occurred or is likely to occur and their belief is, in the tribunal’s view, objectively reasonable, it does not matter if the belief subsequently turns out to be wrong.

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