Whistleblowing

Legal advice for whistleblowing issues and claims

If you would like to speak to one of our solicitors on a confidential basis about Whistleblowing please call us on 0203 178 5361.

We are experienced employment lawyers known for achieving the maximum possible compensation for individuals through negotiation and litigation. We regularly advise senior executives and other high net-worth individuals on matters involving whistleblowing and raising protected disclosures.

This is an area where the legal position frequently changes as a result of case law on the Public Interest Disclosure Act 1998 (PIDA) and the Enterprise and Regulatory Reform Act 2013 (ERRA). We are on top of those changes and can talk you through how the law applies to your situation.

Individuals ordinarily have three months less one day from the date of a detriment or a dismissal connected to a protected disclosure to bring a claim (although in some circumstances this is extended as a result of compulsory early conciliation via ACAS).

Specialist Whistleblowing solicitors

Our whistleblowing solicitors have many years’ experience in dealing with protected disclosure matters for clients. We will talk you through the law and how it applies to your factual situation. We will discuss your prospects of success and the evidence required to demonstrate your claims.

We have advised a great number of clients on whistleblowing matters before so we understand how stressful this situation can be for you. We will provide clear-headed solutions for how to deal with the situation you face – including when to raise your concerns, to whom, and clarification on what amounts to a public interest disclosure. We can help you to either extricate yourself from the situation or create a healthier work environment and stay on. Concurrently we will consider whether to bring an Employment Tribunal claim and/or negotiate a settlement with your employer or partnership. The ERRA, PIDA and Employment Rights Act 1996 are there to protect you so we will litigate your claim where it is necessary to do so.

As a result of their success, our London based team and our lawyers individually have received acclaim in the leading legal directories: Legal500 and Chambers & Partners.

Common Whistleblowing issues

Some of the most common issues we come across are:

  • Dismissal – following an employee whistleblowing (raising public interest disclosures); this is likely to be an automatically unfair dismissal.
  • Constructive dismissal – a fundamental breach of contract by the employer (e.g. a breach of the implied term of trust and confidence) whereby the employee acknowledges the breach and brings the contract to an end as a result. For example, if the employee raises serious concerns to the employer and the employer does little to address the matter or even tries to cover-up the issue.
  • Detriment – employees suffering negative treatment at work as a result of previously raising protected disclosures e.g. not being promoted, being effectively demoted, being harassed, being excluded from management responsibilities.
  • Negotiated exit / Settlement Agreement – frequently when an employee is known to be considering whistleblowing or after they have done so there will be a breakdown in the relations between employer and employee; this often results in a settlement agreement (compromise agreement) and a negotiated exit package.

Recent Whistleblowing claims include

  • Litigating whistleblowing claims against, and negotiating settlement packages with, companies in a range of sectors including finance, charities, property and sports.
  • Advising a senior broker on allegations of a financial institution’s failure to mark to market.
  • Advising a senior executive in the pharmaceuticals industry on the company’s alleged disregard for negative trial results.
  • Negotiating settlement agreements for prospective and actual whistleblowers including the removal of confidentiality (or ‘gagging’) clauses.

Talk to a specialist employment lawyer

If you would like to speak to one of our solicitors on a confidential basis about Whistleblowing please call us on 0203 178 5361 or email info@kervinandbarnes.com. We act for companies as well as individuals and find that this insight is extremely useful in advising clients.