Whistleblowing is the act of reporting suspected wrongdoing within an organization, often by an employee or insider, to internal or external authorities. It exposes issues ranging from illegal activities to potential risks to public safety or the environment.
What is whistleblowing?
A whistleblower is someone who reports certain types of wrongdoing or suspected wrongdoing (that is in the public interest) to their employer or relevant organisation.
Blowing the whistle at work can be a stressful time as you may feel like you have done the wrong thing, feel like you have betrayed your colleagues or manager, or you have started to be treated differently since you blew the whistle.
Whatever the situation, Oakwood Solicitors has an experienced team of employment lawyers that can assist you before, during or after you have blown the whistle.
Common types of work involved:
You might feel the need to blow the whistle in any type of employment, but it can commonly be seen in the following professions:
- Healthcare
- Care homes
- Factory Workers
- Construction
Whistleblowing – The law
Employees who are thinking about blowing the whistle on their workplace for wrongdoing or unsafe practices should be aware that protections are in place to keep them safe at work.
These regulations mean that whistleblowers should not face losing their job or being discriminated against at work for blowing the whistle.
By law (the Public Interest Disclosure Act 1998), whistleblowers are protected from:
- Unfair dismissal – if someone is dismissed for whistleblowing, it will be treated as an automatic unfair dismissal.
- Detriment
These protections are in place from the first day of employment and will still be in place even if you no longer work for the company.
But to claim protection, whistleblowers must show they:
- Made a qualifying disclosure.
- Were dismissed or suffered a detriment as a result of making the disclosure.
If you have blown the whistle, and as a result, you have been dismissed or suffered detriment, you may be entitled to claim against your employer.
I am considering whistleblowing at work. How do I go about it, and when should I do it?
If you believe (and it is in the public interest) that one or more of the following matters is either happening, has taken place, or is likely to happen in the future then you should report the wrongdoing or suspected wrongdoing to the relevant individual/organisation:
- A criminal offence
- The breach of a legal obligation
- A miscarriage of justice
- A danger to the health and safety of any individual
- Damage to the environment
- Deliberate attempt to conceal any of the above.
You may have a Staff Handbook at work which includes within it a whistleblowing policy. It is important to read this policy so that you report the wrongdoing or suspected wrongdoing to the appropriate person within the workplace. This person is referred to as a ‘whistleblowing officer.’
However, there may certain situations where the is no appointed internal whistleblowing officer or, it may be more appropriate to the report the wrongdoing to the relevant organisation in which the wrongdoing relates.
In some professions, employees are legally bound to blow the whistle when they become aware of wrongdoing, malpractice, or unlawful conduct. This may be under a professional code of conduct including the following professions:
- Accountants – Must report wrongdoing to the ICCA.
- Senior managers under the Senior Managers Regime – Must disclose appropriately any information of which the FCA or PRA would expect notice.
- Solicitors – Obliged to report wrongdoing to the SRA.
If you have any concerns in relation to blowing the whistle please contact Oakwood Solicitors for further advice.
Complaints that do not count as whistleblowing.
Personal grievances are not covered by whistleblowing law unless it is in the public interest.
Whistleblowing refers to disclosing information affecting others, including the general public. But if you have suffered at work from other forms of wrongdoing, such as bullying or discrimination – you may be entitled to make a different type of claim.
Frequently asked questions:
What rights do whistleblowers have?
Whistleblowing, also known as ‘making a protected disclosure,’ is potentially a ‘protected act’ under employment law. This means that employees who are aware of unlawful activity in the workplace, and report it, should not be subjected to any detriment as a result, or dismissed due to making this disclosure.
For employees making a disclosure against their employer, it can, understandably, be a stressful process. In some cases, it can even result in the employee suffering a psychiatric injury. There is often an overlap between a whistleblowing claim in the Employment Tribunal, and a civil claim for Stress at Work.
You are not required to have a specific length of service with your employer to be protected as a whistleblower (unlike a claim for unfair dismissal for example that requires the employee to have the qualifying length of service, which is currently 2 years).
Who is protected?
Most people are protected by law if they make a qualifying disclosure. This includes:
- 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)
- Office holders
- Self-employed doctors, dentists, ophthalmologists, and pharmacists working in the NHS.
When will you not be protected?
You will not be protected when making a qualifying disclosure if you:
- Commit a criminal offence by disclosing the information – for example hacking into computer files.
- Breach legal professional privilege – for example if you are a legal adviser and learn about something when giving legal advice.
Have you been treated differently since you have whistleblown?
Once you have whistleblown, you could experience bullying or other detrimental repercussions very quickly.
If you have noticed any difference in the way you are treated at work, or you have suffered detriment since whistleblowing please contact Oakwood Solicitors as soon as possible to see how we can help.
What advice should a potential whistleblower have in mind?
1) Blow the whistle according to company policy
Make sure you follow the company procedure for whistleblowing. This will ensure you are raising concerns with the right person and the investigation will be flagged correctly.
You should follow this procedure to ensure that your employer cannot claim that the procedure was not followed and it was not aware of the concerns.
2) Keep a record of your whistleblowing
Keep a record of any evidence you have relating to your whistleblowing.
This might include any e-mails relating to your concerns, or any pictures of the dangerous activity you are reporting.
3) Use a regulator
If you know that your employer is already aware of the wrongdoing, and your involvement would not be welcomed, it may be best to ask an employment solicitor for advice on the best route to blow the whistle.
4) Do not go to the press
Whistleblowing legislation is there to protect people who blow the whistle in the right way and for the right reasons.
If you reveal your concerns via social media or by going to the press, you may not be entitled to receive the legal protection you will need.
5) Do not worry about confidentiality clauses
Many employers ask employees to sign non-disclosure agreements, to ensure confidentiality. But NDA’s do not prevent you from legitimate whistleblowing.
Regardless of what you have signed, if illegal conduct is being carried out, you still have the right to blow the whistle.
However, it is advisable to seek advice from an employment solicitor if you have signed an NDA.
Further information:
Oakwood Solicitors – Whistleblowing.
WHAT TO DO NEXT
A dedicated advisor will handle your claim from start to finish, assisting with queries and issues. If preferred, a female advisor can be assigned. Regular updates will be provided until the claim’s conclusion, ensuring a stress-free and effortless process.
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page or call us on 0113 323 3900 to find out how we can help you.
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Fiona Almazedi has been with Oakwood Solicitors for the last 10 years working as a consultant and taking up the position of Head of Employment on the 3rd January 2024.
Fiona has over 20 years of ex…
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