The law provides public interest whistle-blowers with protection against victimisation. It is automatically unfair to dismiss an employee because s/he has made a ‘protected disclosure’. It is also unlawful to subject an employee to a detriment other than dismissal (e.g. disciplinary action).
We have significant experience of advising companies and partnerships on whistleblowing claims. The statutory provisions are complex and cases can be long, expensive to defend and confrontational. Therefore, employers should seek legal advice before taking any action.
Recent examples include:
- Assisting a business development agency with its response to a detailed grievance
- Successfully defending a claim for unfair dismissal where the employee alleged that she was dismissed because she complained about bullying and harassment (which she considered to constitute a protected disclosure – endangerment to health and safety), rather than gross misconduct.
For an overview on the law relating to whistleblowing, please click here.