Whistleblower law states that it is unlawful for an employer to treat an employee detrimentally or dismiss an employee as a result of a protected disclosure. If this happens the employee may have a claim for unfair dismissal or detriment.

What is a protected disclosure?

In order to qualify for protection under the whistle blowing legislation the employee must be able to demonstrate that they have made a protected disclosure which will include the following:

The worker must have a reasonable belief that the disclosure is in the public interest; and

Disclosure of information that shows that one of the following has or will occur: –

  • A criminal offence
  • Breach of any legal obligation
  • Miscarriage of justice
  • Danger to the health and safety of any individual
  • Damage to the environment

The deliberate concealing of information about any of the above.The worker must have a reasonable belief that the disclosure is in the public interest.

Here to help

Our specialist teams can provide full service legal advice and assistance, providing practical and cost-effective solutions.

Unfair dismissal claims

If an employee is dismissed or resigns as a result of making a protected disclosure (blowing the dismissal) they will have a claim for automatic unfair dismissal. There is no minimum service required for this type of claim and the compensation is unlimited.

Detriment

A detriment could include for example threats of dismissal, demotion, loss of work, or damage to career prospects.

If a worker is treated detrimentally as a result of a making a protected disclosure they may bring a claim for injury to feelings and there is no limit to the compensation claimed.

Our solicitors have experience with whistleblower protection cases and can give you the advice and support that you need. For more information please contact us on 01202 525333.

About Ellis Jones

Our team prioritise putting people first and focus on providing our clients with an incredibly supportive and understanding approach to everything we do.

Learn More

About Ellis Jones

Our team prioritise putting people first and focus on providing our clients with an incredibly supportive and understanding approach to everything we do.

Learn More

Latest Employment Law News and Insights

4 minute read

Understanding Mutually Agreed Resignation Schemes (MARS)

Read More
4 minute read

The Right to Request Flexible Working – A Day 1 Right

Read More
4 minute read

NatWest’s ban of WhatsApp and Facebook messenger – Should employers do the same?

Read More
4 minute read

Preventing Sexual Harassment in the Workplace: Anti-Harassment Policy

Read More
All News

Our offices

Bournemouth
302 Charminster Road
Bournemouth
Dorset
BH8 9RU
01202 525333
Contact Bournemouth Bournemouth
London
Office 320 107 – 111 Fleet Street
London
EC4A 2AB
02039 784720
Contact London London
Poole
14a Haven Road
Canford Cliffs
Poole
Dorset
BH13 7LP
01202 709898
Contact Poole Poole
Ringwood
Monmouth Court
Southampton Road
Ringwood
Hampshire
BH24 1HE
01425 484848
Contact Ringwood Ringwood
Swanage
55 High Street
Swanage
Dorset
BH19 2LT
01929 422233
Contact Swanage Swanage
Wimborne
39a East Street
Wimborne
Dorset
BH21 1DX
01202 057676
Contact Wimborne Wimborne