Who is a Whistleblower?
Under the Public Interest Disclosure Act 1998 and section 43 of the Employment Rights Act 1996 a whistleblower is an employee or worker who has disclosed information which they reasonably believed tended to show that one or more of the following has taken place, is taking place or is likely to take place:
- Criminal offences
- Breach of any legal obligation
- Miscarriages of justice
- Danger to the health and safety of any individual
- Damage to the environment
- The deliberate concealing of information about any of the above
The information is usually disclosed to the employer, although there are some exceptions where a disclosure can be made to certain third parties.
What protection does the law give to whistleblowers?
Dismissal
If an employee or worker is dismissed and the reason or principal reason for the dismissal is a protected disclosure then the dismissal will be automatically unfair. Unlike ordinary unfair dismissal there is no requirement for a minimum period of continuous service and no cap on the amount of compensation that be awarded in whistleblowing claims so the employee can claim their full losses.
Detriment
Employees or workers have a right not to be subjected to any detriment on the grounds that they made a protected disclosure. Compensation is awarded on the same basis as discrimination claims, including injury to feelings.
Why choose OWC?
Whistleblowing is a complex area of law. We have the expertise to ensure that your case is properly presented so that you stand the best possible chance of a receiving compensation.
Contact our Employment Law Solicitors in London, Surrey and Middlesex
For a free initial phone call to see if we can help you, please contact Jeremy Parkinson on 020 8890 2836, email jeremy.parkinson@owc.co.uk or you can contact us by filling out our online contact form.
