Whistleblowing

A protected disclosure is a disclosure of information which shows or tends to show one or more of the following has happened or is likely to happen:

• That a criminal offence has been committed.
• That there has been a breach of legal obligations
• That a miscarriage of justice has occurred.
• That the health and safety of an individual has been endangered.
• That the environment has been damaged
• That any of the above events have been deliberately concealed.

To be a protected disclosure the disclosure of information must also be in the public interest.

A whistelblower is an individual who makes a protected disclosure in the workplace environment.

An employee who makes a protected disclosure is protected by the Employment Rights Act and is protected against being dismissed or subjected to any detriment as a result of the protected disclosure.

A detriment could be classified as being subjected to disciplinary action or being refused a promotion or alternative opportunity in the Company. If you were subsequently dismissed for raising a protected disclosure, the dismissal could amount to an automatically unfair dismissal.

It is likely that your employer has a whistleblowing policy which details how you should raise a protected disclosure. In the event there is not a designated person to whom you should raise your concerns with you should raise this with your line manager in the first instance.

You can also make a protected disclosure to an external body or agency such as a regulatory body.

If an individual has made a protected disclosure and are is treated detrimentally as a result of the disclosure then they are entitled to bring a claim in the employment tribunal.

Further, if the detrimental treatment amounted to a dismissal, then such a dismissal would be deemed automatically unfair.

For such cases there is no cap on the compensation amount which can be awarded.

Whilst it is not a legal obligation to have such a policy it is advisable. A whistleblowing policy can ensure than there is are clear processes on the making and handling of protected disclosures.

This can ensure that appropriate steps are taking when a disclosure is made, that whistleblowers are appropriately protected which in turn encourages individuals to speak-up and make disclosures enabling any issues to be promptly addressed.

A whistleblowing policy should identify examples of what whistleblowing actually is and the protection that is offered to whistleblowers.

It should also identify the process and procedures whisteblowers should follow including the information they need to provide as part of the process.

Yes. All employees are entitled to blow the whistle and make a protected disclosure.