Under Employment Rights Act 1996, in prescribed circumstances a worker who makes a disclosure of information is protected from retaliation in the form of detrimental treatment and/or dismissal.
Whether someone is a whistleblower and receives protection involves the application of a complex legal framework. This can be very difficult for employers and employees to navigate.
3PB’s employment experts regularly represent employers and employees in cases involving whistleblowing issues.
When a worker raises concerns, perhaps about malpractice or the breach of legislation, it can be a very difficult issue to deal with. It can create hostility within the workplace that as an employer you will also need to handle carefully.
As an employer navigating around the complex issue of whistleblowing it can be daunting and a litigation minefield. It is not unusual for workers to raise matters in bad faith or with ulterior motive. Whether or not a worker is protected by the whistleblowing regime is a complex issue and before taking any action you should ensure that you take legal advice to avoid litigation.
Whether or not a worker is covered is determined by the facts of each particular case and their application to the statutory regime. In some cases it will be clear that the worker is protected by the whistleblowing regime. However, this will not always be the case. A prudent employer will take legal advice before deciding that a worker does not have the right to protection from detriment or dismissal. The consequences of getting this wrong can be a claim for uncapped compensation in the employment tribunal.
3PB’s employment specialists will be able to assist you in navigating such issues including any subsequent litigation.
Raising concerns at work is not always welcomed by colleagues. In a worst case scenario this can result in detrimental treatment against you or even dismissal.
If you want to blow the whistle but are not sure whether you have protection against detriment or dismissal you should take legal advice.
Perhaps you have already raised your concerns and believe that you are being victimised or dismissed because of it. If so, you will want to obtain clear expert advice on your rights and what to do.
Our barristers understand that you may be experiencing an extremely stressful and often confusing time. You may feel that you cannot trust those that you work with. 3PB’s team of experienced barristers will be able to assist you.
Members of the team have appeared in cases throughout the UK, in Employment Tribunals and the appeal courts, against companies and major institutions, both private and public.
For help and advice please contact Russell Porter on +44 (0)3333 231 586 or email us.
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We’ll be here every step of the way to support and guide you through the legal challenges at hand.