Whistleblowing in the workplace

The Public Interest Disclosure Act 1998 is more commonly known as ‘whistleblowing legislation’ and is part of employment law. The legislation is designed to encourage workers to raise concerns about unsafe or unlawful practices in the workplace without fear of reprisals and ‘whistleblowers’ are protected from detriment or dismissal by their employers. You don’t need two years’ service to bring a claim, unlike a standard unfair dismissal claim. 

You’re protected if you are a worker, for example, you’re:

• an employee, such as a police officer, NHS employee, office worker, factory worker
• a trainee, such as a student nurse
• an agency worker
• a member of a Limited Liability Partnership (LLP)

You’re protected by law if you report any of the following:

• a criminal offence, for example, fraud
• someone’s health and safety are 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
• you believe someone is covering up wrongdoing

10 tips on “blowing the whistle”:

• Although there is no “good faith” requirement, if you make the disclosure in “bad faith”, damages can be reduced by up to 25%. 
• Proof is not needed to raise a concern. To raise a concern, you only need a reasonable belief that wrongdoing has occurred is occurring or is likely to occur.
• Your disclosure will need to be in the public interest – it cannot just be about your own personal circumstances. 
• You should follow your employer’s whistleblowing policy when making a disclosure (if of course, your employer has one!).
• Consider making the disclosure to the appropriate regulator. You may be obligated to do so due to your professional ethics, for example, a solicitor is obliged to report wrongdoing to the SRA.
• Be specific about your concerns – don’t make a vague disclosure otherwise you will not be protected.
• Be polite and professional – otherwise, you could run the risk of disciplinary action regarding how you make the disclosure (it would be unlawful to punish you for the disclosure itself if the disclosure is made in good faith).
• Don’t go to the press/media – you may not receive the legal protections under the whistleblowing legislation and you could risk disciplinary action.
• Your employer cannot prevent you from making a disclosure, for example by using a non-disclosure agreement.
• The law protects “whistleblowers” from acts of detriment and dismissal as well as victimisation. Don’t forget the time limits for claiming to the Employment Tribunal, you have just 3 months from the date of either the act of victimisation, detriment or dismissal (always calculate the deadline from the earliest date!). 

Whistleblowing can be complicated. Seek legal advice if you aren’t sure what to do.

If you believe you have been subject to unfair treatment due to whistleblowing, for example, if you believe you have been subjected to a detriment or unfair dismissal and are looking to claim compensation for or require legal advice regarding employment law, don’t hesitate to contact our Employment Team on Doncaster 01302 341 414 or Sheffield 0114 272 1884 or fill out our online enquiry form. Please note very strict time limits apply to employment matters, you have just three months less one day to bring claims to the Employment Tribunal so act without delay!

We have further articles on our website relating to Employment Law, here are three that you may find informative:

• What are my rights as a pregnant woman in the workplace? 
• What is unfair dismissal? 
• Asda Employee, with Dementia, wins unfair dismissal case