Employment
Whistleblowing claims and protected disclosures
Employees who raise concerns about wrongdoing should not be punished for doing so. Whistleblowing issues can arise where an employee reports legal breaches, health and safety risks, financial irregularities, regulatory concerns, safeguarding issues or attempts to cover up wrongdoing.
We advise employees on whether concerns may amount to protected disclosures, how to raise concerns safely, and what remedies may be available where an employer retaliates, subjects the employee to detriment or dismisses them.
Examples of whistleblowing concerns
Whistleblowing matters can involve concerns about:
- Health and safety breaches or unsafe working practices.
- Criminal offences, fraud, financial wrongdoing or regulatory breaches.
- Safeguarding, care standards or risks to service users.
- Breach of legal obligations by the employer or senior staff.
- Environmental damage or public interest concerns.
- Concealment or destruction of evidence relating to wrongdoing.
Detriment and dismissal
Retaliation can take many forms. It may include disciplinary action, exclusion from work, removal of duties, bullying, poor appraisals, threats, demotion, redundancy selection or dismissal. The timing and surrounding evidence are often critical.
We can advise on whether the disclosure is likely to be protected, whether the treatment suffered is linked to that disclosure, and what evidence is needed. We can also assist with grievances, correspondence, ACAS Early Conciliation and tribunal claims.
Taking care before acting
Whistleblowing claims can be complex and strongly contested. It is important to consider how the concern was raised, who it was raised with, what was said, whether the public interest requirement is met and how the employer responded.
We provide careful, strategic advice so that your concerns are framed properly and your position is protected, particularly where you remain employed or are considering resignation.