What is Whistleblowing? Whistleblowing is when a person, often an employee, reveals information about activity within a private or public organisation that is deemed illegal, immoral, illicit, unsafe or fraudulent.

 

I have concerns about activity taking place in my workplace. How can I deal with this?

Employers should typically have a variety of internal and/or external channels for employees to communicate any concerns they have in confidence. Even if an employer does not have a specified method of disclosure, you can still report your concerns. In almost all cases, the initial disclosure should be made to your employer but you may want to seek legal advice before you do this to ensure that your disclosure is protected in the event that your employer does not respond well to the information you provide.

 

Will there be repercussions if I raise my concerns with my employer?

There shouldn’t be. Many employers have clear Whistleblowing procedures that are set out to their employees, they take concerns raised seriously and deal with them in the appropriate way, especially larger employers in heavily regulated industries. Some employers, however, prefer to silence those who speak out. As a whistleblower you are protected by law – you should not be treated unfairly or lose your job because you ‘blow the whistle’.

 

What types of disclosures are protected by law?

You are protected by The Public Interest Disclosure Act 1998 (PIDA) which protects whistleblowers from detrimental treatment by their employer (amending the Employment Rights Act 1996) as a result of making a public interest disclosure if you report any of the following:

 

  •  A criminal offence, for example fraud;

 

  • someone’s health and safety is in danger;

 

  • risk or actual damage to the environment;

 

  •  a miscarriage of justice;

 

  • the company is breaking the law, for example does not have the right insurance; and/or

 

  • you believe someone is covering up wrongdoing.

 

What types of concerns are not protected by The Public Interest Disclosure Act 1998 (PIDA)?

Personal grievances (for example bullying, harassment, discrimination) are not covered by this law, unless your particular case is in the public interest. These should be reported under your employer’s grievance policy. However, if you feel that you are being treated unfairly in relation to any of these issues our team can still assist you.

 

I have raised a concern at work and now I feel that I am being victimised/I have lost my job. What can I do now?

If you have raised a concern with your employer that falls under the umbrella of Whistleblowing, you are protected by The Public Interest Disclosure Act 1998 (PIDA). This is where we can help. FJG’s Dispute Resolution team are highly qualified and experienced in employment law matters. The team can advise you on your rights, your options going forward and help you to reach an appropriate resolution with your employer.

 

What are the next steps?

Whistleblowing is a complex and technical area of law and whether a disclosure is protected or not can often be a matter of dispute, which is why you will need experienced representation.

You can take a case to an employment tribunal if you have been treated unfairly because you have blown the whistle or if you feel that your employer is trying to unfairly dismiss you because of Whistleblowing. In the vast majority of employment related complaints, your claim must normally be commenced within 3 months. You must also notify ACAS, and attempt Early Conciliation, if you want to take your case to an employment tribunal. FJG can advise you and help you to reach an appropriate outcome with your employer.

 

It can take a lot of courage to speak out about wrongdoing within your workplace. The team at FJG are here to fully support you through each step and offer high level, experienced guidance and representation. If you have any questions, or would like to get in touch with us, please call 0845 543 5700 or contact us.

Hannah Steenkamp