Whistleblowing Procedure for Employees
If you believe your employer has treated you unfairly as a result of whistleblowing, or you are apprehensive about blowing the whistle yourself, our employment solicitors are here to guide you through the process.
If you have blown the whistle and are subject to a disciplinary hearing, we can advise you and talk you through the routes you can go down. If you are wondering what to do about blowing the whistle, you may wish to discuss your options with an experienced employment lawyer.
Our employment solicitors have the knowledge and expertise with whistleblowing matters to advise you, whatever stage you are at. We can also help you to obtain a Settlement Agreement if necessary.
You have the right not to be subjected to any disadvantage from your employer when you’ve made a protected disclosure.
This includes the right not to be unfairly dismissed or otherwise as a result of you blowing the whistle.
Other losses you may face once you have made a disclosure can include being demoted, being denied a promotion, receiving a pay cut, being harassed in the workplace or being set unrealistic targets.
It is your employer’s responsibility to ensure this does not happen as a result of whistleblowing.
In order to be protected, you must have ‘reasonable belief’ that a wrongdoing has occurred, or is likely to incur, and that it is not in the public interest.
The disclosure also needs to relate to statutory category of ‘failure’, namely:
- A criminal offence
- Abreach of legal obligation
- A miscarriage of justice
- A danger to health and safety
- Damage to the environment
There is no set period of employment required in order to make a whistleblowing claim.
Unfortunately, what counts as being in public interest is not defined and so is left to the employment courts to interpret this on a case-by-case basis.
There are relevant factors, however, which include the number of those who have been affected by the wrongdoing, the nature of the incident or occurrence, the nature of the interests affected and the prominence of the organisation at the centre of the allegation, i.e. if it’s a large corporate organisation it’s more likely to be in the public interest.
Our employment lawyers are here to help, whether you’ve blown the whistle and are facing disciplinary action, or you are weighing up your options. Call us on 0117 325 2929 or fill out our online enquiry form.