Are you considering making a protected disclosure? Are you aware of the protection you are entitled to if you have made a protected disclosure?
Whistleblowing is when a worker reports suspected wrongdoing at work. You will be protected as a “whistleblower” if you make a report in relation to a “protected disclosure”. It is unlawful for an employer to subject you to a detriment.
Furthermore, you cannot be dismissed for reporting a suspected wrongdoing at work. If you have been dismissed for reporting wrongdoing then so long as certain criteria are met you may be able to bring a claim for unfair dismissal against your employer.
We understand this can be a very stressful time for you, whatever the situation, our expert team can you give you the information and practical advice you need to regain a sense of control. Whilst the law surrounding the area of whistleblowing is relatively complex our team will guide you through the process, ensuring that we support you each step of the way.
Who is protected?
Employees, agency workers people that are training with an employer, but not employed and self-employed workers, if supervised or working off-site.
What is a protected disclosure?
If you make a report in relation to one of the following, it will be classified as a protected disclosure:
that someone’s health and safety is in danger;
damage to the environment;
a criminal offence;
that the company isn’t obeying the law (like not having the right insurance); or
that someone’s covering up wrongdoing.
If you are an employee and believe you have been unfairly dismissed we will be able to assist you by identifying and advising you whether you are able to bring a claim for unfair dismissal and if not what other claims you may have against your employer.
It is unlawful for an employer to subject you to a detriment; a detriment can include threats, disciplinary action, loss of work or pay, or damage to career prospects etc. on the ground that you have made a protected disclosure.
For more information please contact Katherine Maxwell or Naomi Greenwood.