If you’re being treated unfairly for blowing the whistle, get in touch with us today. Call 0808 164 0808 or request a call back.
Whistleblowing is important for preventing malpractice in the workplace. It provides opportunities for organisations to learn from their mistakes and improve their procedures and practices, and is designed to give employees who wish to raise issues a safe space in which to do so.
Whistleblowing in the workplace doesn’t always result in a positive outcome. So, what exactly is whistleblowing, and what does it mean for you as an employee? Read below to find out more.
Whistleblowing claims FAQs
Whistleblowing claims are common and often leave people feeling pushed out of their jobs for doing the right thing.
We’ve answered some commonly asked questions about whistleblowing, and what it means for you. If you still have queries or are uncertain about something, feel free to get in touch. Call us on 0808 164 0808 or fill out the request a call back form on the right.
What is whistleblowing?
Employees have a duty to report misconduct or malpractice at work. If the misconduct poses a risk to colleagues or customers, it may be in the public interest to “blow the whistle” and report the harm. Often, this could involve a fraudulent activity, a health and safety breach or criminal behaviour. In order to be safeguarded by the law, the disclosure made will have to meet certain conditions, such as being in the public interest.
Whistleblowing in the workplace can be vital in preventing further damage, improving procedures and helping both public and private organisations learn from their mistakes.
Have you blown the whistle at work, and faced unfair treatment as a consequence? Call us free on 0808 164 0808.
What are some examples of whistleblowing in the workplace?
Our employment law experts deal with varying types of whistleblowing cases.
Here are two examples of whistleblowing in the workplace:
- A hospital worker who reports a health and safety breach which is harmful to its staff or patients
- An accountant or financial officer reporting financial wrongdoing or malpractice, such as money missing from the accounts
Is there a time limit for bringing a whistleblowing claim?
It is important to note the time limits with bringing employment tribunal claims. You have three months less one day to bring a whistleblowing claim to tribunal. This will involve contact with ACAS to begin the process with attempts for early conciliation with your employer. This could take up to 6 weeks.
It is important that you act fast, as soon as possible after your first negative treatment.
What does the law say regarding whistleblowing legislation?
Whistleblowing legislation applies to both employees and workers and unlike most unfair dismissal claims, the requirement for two years’ continuous service in order to bring a claim for whistleblowing is not necessary.
To qualify for whistleblower protection, the issue you raise must fall into one of the following categories. These can relate to past events, current events or events that you expect to happen. To be protected, the information you are disclosing must concern:
- A criminal offence
- Breach of a legal obligation
- A miscarriage of justice
- Danger to the health or safety of an individual
- Damage to the environment
- Deliberate concealment of any of the above types of wrongdoing
The admission must be made to either:
- Your employer. For example through your line manager or the HR department
- A prescribed person such as a regulatory body such as the Financial Conduct Authority
Do whistleblowers have legal protection?
As mentioned above, to qualify for whistleblower protection, you must prove that the disclosure is in the public interest. This is a complex test and it is assessed on a case-by-case basis.
If you speak to one of our employment experts, they may be able to advise you about whether you will have the right to claim compensation for whistleblowing in the workplace. Contact us today.
What are the consequences of whistleblowing at work?
Typical consequences that may arise from you blowing the whistle could include:
- Your manager making unwanted changes to your role;
- Your work duties being restricted or reduced;
- Bullying and harassment;
- Benefits and bonuses being withheld;
- Hostile treatment;
- Unfair accusations of poor performance;
- Pressure to resign.
IIf you suffer disadvantages as a result of whistleblowing at work, you can claim compensation for any detriment up to the point of dismissal.
If you are dismissed from your employment as a direct result of the whistleblowing, you will be entitled to claim uncapped compensation for loss of earnings.
What should I do if I have witnessed wrongdoing?
Before making a whistleblowing claim, if you believe you have witnessed, or become aware of serious wrongdoing in your workplace, it is only natural to assess your options before telling anyone about it.
You may be concerned about the following things:
- Have I fully understood the situation?
- Is the wrongdoing illegal or in breach of my employer’s legal duties?
- Will I be sacked if I reveal what I have seen or become aware of?
- Will it alter my position in the company?
- Will I be treated differently as a result of whistleblowing?
All of the above thoughts and feelings are completely normal. We would recommend you raise the issue early on, so that you don’t run out of time. Every employee is different, and while some may want tough action, others might prefer to adopt a peace-making approach.
It is also worth noting that depending on the industry you work in, the route you should take to blow the whistle may be different. It’s crucial that you get this right.
How to file a whistleblower claim
If you’ve already blown the whistle and have suffered negative consequences as a result, such as being dismissed, we might be able to help you with bringing a whistleblowing claim at an employment tribunal.
Contact our whistleblowing solicitors today
You shouldn’t be penalised for trying to do the right thing. If you’ve blown the whistle and are feeling victimised as a result, or you’ve witnessed misconduct and are unsure with how to proceed, get in touch with our team today or call us free on 0808 164 0808. Our experts will talk you through how to file a whistleblower claim and will provide the legal advice and support you need.