What is a whistleblower?

A whistleblower refers to an individual who exposes and reports wrongdoing or misconduct within an organisation. This wrongdoing may include illegal activities, unethical behavior, or any other form of misconduct that poses a threat to public interest or the wellbeing of the organisation’s employees.

Whistleblowers play a crucial role in promoting transparency, accountability, and ethical conduct within workplaces. They often disclose information about their employer’s activities to relevant authorities, regulatory bodies, or the public. However, taking such a step can expose whistleblowers to potential retaliation from their employers, including termination, demotion, harassment, or other adverse actions.

There are legal protections in place to safeguard whistleblowers from unfair treatment as a result of their disclosures. The primary legislation addressing this issue is the Public Interest Disclosure Act 1998 (PIDA). This law provides protection to employees who make a “qualifying disclosure” about certain types of wrongdoing. A qualifying disclosure typically includes information about:

  • Criminal offenses
  • Breaches of legal obligations
  • Health and safety risks
  • Environmental damage
  • Other serious concerns

Circumstances that do NOT typically count as whistleblowing involve personal grievances or complaints unrelated to significant public interest concerns. Examples include disputes over interpersonal issues, individual employment-related matters (such as salary disputes or promotions), or complaints not tied to broader legal or ethical violations within the organisation.

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If you have experienced unfair treatment by your employer resulting from whistleblowing, these are some of the ways we can help:

Understanding Protections: It is important to understand your rights and protections under the law. We can offer clarification on whether your disclosure qualifies for protection.

Protection Against Retaliation: As a whistleblower, you may face various forms of retaliation from your employer. We can offer legal advice to assist you in taking appropriate steps to protect yourself and seek remedies if you experience adverse treatment.

Ensuring Proper Procedures: Whistleblowers need to follow specific procedures outlined in PIDA to qualify for protection. Legal advice can help ensure that the disclosure is made in the correct manner and within the statutory framework.

Navigating Employment Tribunal: If a dispute arises between the you and your employer, legal advice becomes essential when considering legal proceedings. This may involve submitting a claim to an Employment Tribunal to seek redress for any unfair treatment or dismissal.

Confidentiality Concerns: We can help you navigate any confidentiality concerns related to the disclosure, ensuring that you share information appropriately and without violating legal or contractual obligations.

Our employment law experts will work with you to understand your specific situation and offer tailored advice to protect your interests. To arrange an appointment to discuss unfair treatment resulting from whistleblowing or any other aspect of employment law, contact 01908 660966 or 01604 828282, email info@franklins-sols.co.uk or click on the button below.

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Frequently Asked Questions about Whistleblowing

What is a whistleblower?

A whistleblower is an individual who exposes and reports wrongdoing or misconduct within an organisation. This can include illegal activities, unethical behaviour, or any other form of misconduct that threatens public interest or the wellbeing of the organisation’s employees.

Why are whistleblowers important?

Whistleblowers play a crucial role in promoting transparency, accountability, and ethical conduct within workplaces. By disclosing information about their employer’s activities to relevant authorities, regulatory bodies, or the public, they help ensure that organisations operate fairly and legally.

What protections are in place for whistleblowers?

The primary legislation protecting whistleblowers in the UK is the Public Interest Disclosure Act 1998 (PIDA). This law provides protection to employees who make a “qualifying disclosure” about certain types of wrongdoing, such as criminal offences, breaches of legal obligations, health and safety risks, environmental damage, and other serious concerns.

What qualifies as a whistleblowing disclosure under PIDA?

A qualifying disclosure typically includes information about:

  • Criminal offences
  • Breaches of legal obligations
  • Health and safety risks
  • Environmental damage
  • Other serious concerns

What does NOT count as whistleblowing?

Personal grievances or complaints unrelated to significant public interest concerns generally do not count as whistleblowing. Examples include disputes over interpersonal issues, individual employment-related matters (like salary disputes or promotions), or complaints not tied to broader legal or ethical violations within the organisation.

What should I do if I experience unfair treatment after whistleblowing?

If you face unfair treatment from your employer as a result of whistleblowing, here are some ways we can help:

  • Understanding Protections: We can clarify whether your disclosure qualifies for protection under the relevant whistleblowing legislation.
  • Protection Against Retaliation: We offer legal advice to help you protect yourself and seek remedies if you experience adverse treatment.
  • Ensuring Proper Procedures: We guide you on following the correct procedures outlined in PIDA to ensure your disclosure qualifies for protection.
  • Navigating Employment Tribunal: If a dispute arises, we provide essential legal advice for considering legal proceedings, including submitting a claim to an Employment Tribunal.
  • Confidentiality Concerns: We assist you in navigating confidentiality concerns related to the disclosure, ensuring you share information appropriately without violating legal or contractual obligations.

How can Franklins Solicitors assist with my whistleblowing case?

Our employment law experts will work with you to understand your specific situation and offer tailored advice to protect your interests. We can help you understand your rights, navigate legal procedures, and ensure that you are protected from retaliation.

How can I contact Franklins Solicitors for advice on whistleblowing?

To arrange an appointment to discuss unfair treatment resulting from whistleblowing or any other aspect of employment law, please contact us by calling 01908 660966 or 01604 828282. You can also email us at info@franklins-sols.co.uk or click on the button below to arrange for someone to get in touch.

Contact the Franklins Employment Law team

If you have any questions about employment law, please don’t hesitate to contact our team of experts who are on hand and ready to help you.