Whistleblowing (protected disclosures)

Whistleblowing (protected disclosures)

Whistleblowing can broadly be defined as the act of speaking out where a worker believes that an act of wrongdoing has happened, is happening, or will happen. Workers who voice their concerns are protected by law to ensure that they are not subjected to a detriment because of this “whistleblowing”. Although only certain disclosures attract protection, these are not always obvious, so particular care needs to be taken.

A worker who has been unfairly treated may be able to bring a legal claim whilst a dismissal made in response to whistleblowing will automatically be an unfair dismissal.

A worker does not require any qualifying period of employment to bring a claim (unlike unfair dismissal) and the compensation that can be awarded is not subject to any upper cap (again, unlike unfair dismissal).

Our dedicated employment team regularly deal with high-value cases in this area of the law and can provide practical and effective advice to employers on the likely challenges to look out for in defending a whistleblowing claim.