Whistleblowing is a complex and continually developing area of employment law. Modern whistleblower protection was introduced in the late 1990s after a series of public disasters and financial failures in which early warnings from staff were ignored. The purpose of the legislation is clear. Workers who speak up about wrongdoing within their organisation should not face retaliation or detrimental treatment for doing so.
In practice, however, the law surrounding whistleblowing contains several hurdles. Many individuals who believe they have blown the whistle later discover that their disclosure does not meet the strict statutory definition. Employers and employees therefore benefit from obtaining early specialist advice. Our team guides both sides through this area, helping workers understand their rights and assisting employers in handling disclosures lawfully and sensitively.
To qualify for whistleblower protection, an individual must disclose information which, in their reasonable belief, shows that one of the following has occurred, is occurring, or is likely to occur:
In addition, the individual must reasonably believe that the disclosure is made in the public interest. Much of the case law on whistleblowing focuses on this requirement, and it is often where claims succeed or fail. A worker may feel strongly that they have acted as a whistleblower, but unless the legal test is met, they may not be entitled to full statutory protection.
In some situations, a worker dismissed for making a qualifying disclosure may apply for interim relief. This is a powerful remedy that can result in reinstatement or continuation of salary while the case is ongoing. Applications must be made within seven days of dismissal, so acting quickly is essential. We regularly advise on interim relief applications and can help assess whether the strict criteria are satisfied.
We use our experience to help employers respond appropriately to whistleblowing concerns, ensuring that disclosures are handled fairly and transparently. For individuals, we provide clear, strategic guidance on asserting whistleblower protection, understanding the legal thresholds, and pursuing claims where their rights have been breached.
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