If you’re looking for whistleblowing help then you’ve come to the right place. You have not only taken the courageous option to blow the whistle on wrongdoings that you have seen, but you have most definitely done the right thing, and we applaud you for that.
We are proud to stand shoulder-to-shoulder with Whistleblowers UK, and we fully support their aims and objectives.
We will also help to support you through your disclosure, ensuring that the way you are treated is lawful; if you have a potential case again the organisation you have blown the whistle against then we will ensure that you receive the best compensation possible.
What Is Whistleblowing and what can you do?
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.
Note: Information on compensation for dismissal after disclosure can be found whistleblowing law page.
If an employee suffers from detriment because of the disclosure, then they are entitled to seek remedy in the Employment Tribunal. Please note that the statutory definition of “detriment” specifically excludes a dismissal as a detriment, therefore this is a separate claim and detriment usually covers behaviour such as a loss of seniority or reduction in pay, as examples.
Damages for individuals who have blown the whistle in the Employment Tribunal are uncapped, and can include damages for the following, depending on the type of case pursued:
- Loss of earnings (if the worker is dismissed);
- Injury to feelings (if the worker suffers a detriment that is not dismissal, the damages are then assessed in the same way as damages in a discrimination case);
- Loss of pension (if the worker is dismissed);
- Personal injuries (if the worker suffers an injury as a result of the detrimental treatment).
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.
This, in turn, can lead to complications as to whether the claims should be pursued in the Civil (County) Court, or the Employment Tribunal. Unlike many law firms, Oakwood Solicitors has a Stress at Work team that specialises in such complex cases so they can guide you through the entire process, and advise you which approach is best for your individual circumstances.
All Employment Tribunal claims must be registered with ACAS at the start of proceedings under the Early Conciliation scheme (as with any dismissal claim). Oakwood Solicitors are able to assist you with this, as well as the procedures involved for Civil Court cases, and all later stages of pursuing a claim.
Oakwood Solicitors are experts in dealing with all types of employment compensation claims. We can usually offer a ‘No Win, No Fee Agreement’ (sometimes called a Damages-Based Agreement). In addition, we can provide insurance to insure you against paying the Tribunal fees in the event that your claim is not successful.
Who should you make the ‘protected disclosure’ to?
A protected disclosure can be to the employer or, if the worker fears making the disclosure to their employer, they can make it to a lawyer in the course of seeking legal advice or to another person if:
The worker reasonably believes the information disclosed, and any allegation it includes, are substantially true;
One of the following is applies:
- The worker feels that they will be subject to a detriment from the employer if the disclosure were to be made to the employer;
- The worker reasonably believes it is likely that evidence relating to the relevant failure will be concealed or destroyed if he makes a disclosure to his employer, or
- The worker has previously made a disclosure of substantially the same information to his employer, or another relevant person, such as a regulatory body.
- The disclosure is not made for personal gain, and
- It is reasonable in all of the circumstances to make the disclosure.
How we can help you
Talk to us as soon as possible. Once you have whistleblown you could experience bullying or other detrimental repercussions very quickly; we will help protect you from them, and advice you on the best way forward.
Our service is free and 100% confidential.
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