Whistleblowing Law Solicitor - Whistle Blower Unfair Dismissal Lawyers

The Public Interest Disclosure Act 1998 was created in order to defend the rights of employees who publicly expose wrongdoing in their place of employment. This is colloquially known as “The Whistle Blowers' Act.” The legislation provides a safety net to employees who may witness or have knowledge of illegal or unlawful workplace behaviour. It allows them to expose wrongdoing without fear of repercussion.

Individuals have protection against almost any type of adverse treatment in the workplace after exposing qualifying unfavourable behaviour and actions. It is unlawful for an employer to dismiss an individual solely on the basis of whistleblowing. Employees who have “blown the whistle” on their employers or on other individuals in their organisation do not have to leave their jobs to make claims of “detrimental treatment.” In addition to traditional employees, the legislation also covers agency workers, individuals in training with the employer and self-employed individuals.

Qualifying Disclosures

In order to be protected, the Public Interested Disclosure Act 1998 requires that the information provided by the employer be a "qualifying disclosure." A qualifying disclosure is one that relates to one or more of the following :-

• criminal activities
• environmental destruction
• health and safety infractions
• failure to comply with a legal duty
• miscarriages of justice
• attempting to cover-up or conceal information related to any of the actions listed above

Unfair Dismissal

If either element of the legislation is violated by an employer, an individual may bring a claim before the Employment Tribunal. Any termination by an employer on the basis of whistleblowing will result in automatic classification as unfair dismissal; there is no length of employment requirement to file a claim and there is no maximum amount of possible compensation awarded.

Requirements For Protection

The Public Interest Disclosure Act 1998 requires that specific criteria be established for an employee to enjoy protection. The employee must first voice their grievances with their employer or some other appropriate authority. The disclosure must be in “good faith,” meaning it must be made with a reasonable belief that the offending actions or events truly happened. The individual cannot make the disclosure for personal gain. If the accusations are made public, known as “external disclosures,” stricter guidelines are enforced unless the disclosed wrongdoing is extremely serious in nature.

Whistle Blowing Solicitors

It is very important if you are planning to expose wrongful behaviour in your workplace that you speak to a whistle blowing solicitor experienced in whistleblowing law. You don’t want to be excluded from bringing a claim for unfair dismissal because you did not follow correct procedure and a knowledgeable solicitor will advise you every step of the way to ensure your best chance at receiving compensation. Call our helpline or email our offices today for a no charge legal consultation with an expert in whistle blowing law; you are under no obligation to retain our services or proceed with your claim.