What is whistleblowing?
Whistleblowing generally involves making a complaint about serious wrongdoing at work. The technical name for whistleblowing is ‘public interest disclosure’.
The complaint or disclosure must be about a serious failure or wrongdoing that is in the public interest.
Subject to the disclosure satisfying all of the relevant statutory requirements under the Employment Rights Act 1996, a worker will be protected by law from unfair treatment at work, including dismissal, because they have reported past, present or even potential wrongdoing.
A whistleblowing claim arises where a worker raises a whistleblowing complaint and is subjected to detrimental treatment (treated badly) or dismissed as a result.
What is a protected disclosure?
To qualify as a protected disclosure, the disclosure must be:
- There must be a “qualifying disclosure” of information
- This must be in the public interest
- This must be made to an appropriate or prescribed person or body
A qualifying disclosure is defined under the ERA as any disclosure of information that, in the reasonable belief of the worker making the disclosure, tends to show one or more of the following:
- That a criminal offence has been committed, is being committed or is likely to be committed
- That a person has failed, is failing or is likely to fail to comply with any legal obligation to which they are subject
- That a miscarriage of justice has occurred, is occurring or is likely to occur
- That the health or safety of any individual has been, is being or is likely to be endangered
- That the environment has been, is being or is likely to be damaged, or
- That information tending to show any matter falling within any one of the above has been, is being or is likely to be deliberately concealed
In addition to the information amounting to a qualifying disclosure, the information must also be made in a prescribed manner. This means made to the employer or to a prescribed person or body. Ordinarily, this will be someone in the workplace, such as a line manager or sometimes a regulatory body like the H&S Executive or HMRC.
Who can claim?
Unlike claims for unfair dismissal, no qualifying period of employment or work is required before an individual can bring a claim. All ‘workers’ can bring a claim for detriment, and ‘employees’ can bring a claim for detriment and automatic unfair dismissal (more below).
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Types of whistleblowing
There are three types of whistleblowing claims:
- Unfair dismissal: this does not require a period of service and can only be brought by employees. If an employee can show that the reason, or main reason, they are dismissed is because they raised a protected disclosure, they dismissal may be deemed to be unfair.
- Detriment by an employer: this can be brought by any worker where they have been subjected to a detriment arising from an act of omission of the employer and staff/colleagues as a result of making a protected disclosure. For example, a worker being refused a flexible working request because they have made a protected disclosure or being ostracised by colleagues.
- Detriment by a co-worker or agent of the employer: this can be brought by any worker. An employer can be held to be vicariously liable for the actions of the employees or agents. For example, where a breach of health and safety by a worker’s line manager is reported and that worker is subjected to a disciplinary by the line manager a claim can be brought against the line manager for which the employer is also vicariously liable. In practice a claim would be brought against the employer and line manager.
How can PM Law help you?
We can help with ACAS early conciliation and will speak to the conciliator and assist by clarifying your claims and the issues between you and your employer. We can also help you negotiate a settlement. If your employer won’t offer you fair compensation we can help you to pursue a claim in the employment tribunal.
To speak to one of our employment experts you can call 03300 532182. Alternatively, you can fill out the form on this page or send an email with details of your claim to employment@pm-law.co.uk. Our solicitors are on hand to discuss how we can help.
You can make an unfair dismissal claim if you've been in continuous employment for at least two years.
Under the terms of the Equality Act 2010, it's your right to claim for unfair dismissal if you've been discriminated against during your employment.
The amount of compensation you could receive for unfair dismissal varies depending on several factors, including the specific circumstances of your case and the jurisdiction in which you are filing the claim.
When assessing the compensation for unfair dismissal, employment tribunals typically consider the following elements:
Basic Award: This is calculated based on your age, length of service, and weekly pay, and it is subject to a statutory cap. The exact calculation formula may differ depending on the jurisdiction.
Loss of Earnings: The tribunal will consider the actual financial loss you suffered as a result of the unfair dismissal. This may include the income you would have earned during the notice period or until you find alternative employment.
Future Losses: In certain cases, if it is determined that you will experience difficulties finding new employment or face a significant reduction in earnings, the tribunal may award compensation to cover future losses.
Benefits and Bonuses: If you lost out on benefits, bonuses, or other entitlements due to the unfair dismissal, the tribunal may consider including these in the compensation.
Each case differs and there is no set amount of compensation you will receive.
Workplace bullying is offensive, intimidating and malicious behaviour that's intended to undermine an individual or group of employees.
If you think you're a victim of workplace bullying, then you should raise this with your employer and bring evidence if possible.
Our hourly rate is £177 + VAT of £35.40.
We have different pricing options: –
- We can offer our service under a Damages Based Agreement – “No Win, No Fee”. If your claim is successful, we will charge you 35% of any compensation received inclusive of VAT.
- We can accept instructions on a private paying basis:
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- Medium complexity case – £7,000 (+ VAT of £1,400) – £12,500 (+ VAT of £2,500)
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