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In employment, a whistleblower is someone who reports wrongdoing by their employer.
The law understands the importance of providing protection for the employee in those circumstances, as it might otherwise leave them vulnerable to retaliation.
If you’ve blown the whistle, also known as making a protected disclosure, you have the right not to be dismissed or treated unfairly as a result.
You might be considered to be a whistleblower if you disclose a criminal offence, a breach of a legal obligation, a miscarriage of justice, a health and safety risk, a risk of damage to the environment, or that any of the above has been deliberately concealed.
Your reasonable belief of a wider, public interest is also relevant, which means that complaints about your own, personal circumstances are unlikely to be protected.
"Homa formulated a clear strategy in order to deal with the matter, which resulted in a very positive outcome for me both personally and financially."
Employment Tribunals claims can be lengthy and costly, so the first consideration is how to fund your claim. You may have the benefit of alternative funding through your legal expenses insurance provider or trade union. If you don’t, we’ll be able to provide you with clear and upfront cost estimates and ensure that you remain in control of your costs at every stage.
If you’ve been dismissed or treated unfairly because you made a protected disclosure, the forum for challenging those actions is the Employment Tribunal. Our solicitors can help you with making a claim and getting the right solution for you.
If you’ve been dismissed or subjected to a detriment because you made a protected disclosure, an Employment Tribunal can award you compensation. Alternatively, they may consider ordering your former employer to reinstate you into your previous role, or re-engage you into an alternative role. However, this is rare and it’s more likely that you’ll be awarded compensation, to reflect the financial loss that you’ve suffered.
In addition to recovering compensation for your financial loss, you may also recover additional compensation to reflect the way in which the actions made you feel.
The majority of Employment Tribunal claims settle through the parties reaching an agreement. This usually includes your former employer paying you compensation, in order to avoid the final hearing. There are many reasons why settlement is often the best option, not least because of the cost savings to you in achieving an early resolution. Where possible, we’ll work with you in order to achieve this without having to start formal, legal action in the Employment Tribunal.
We understand the risk that disclosing wrongdoing may have on your job and career prospects. We’ll passionately fight for you to enforce your rights. We’re highly experienced in litigation and have substantial experience in bringing and defending whistleblowing claims. This makes us the perfect choice to represent you.
Our team of specialist employment lawyers are experts in providing practical and supportive advice. We recognise the reputational risk that you may have taken in trying to do the right thing. We’re independently recognised as leaders in our field who will provide you with specialist advice and representation. You can rely on us to fight your corner and ensure you’re in the best possible position to achieve the outcome you want.
"Felt so supported throughout the whole process and couldn’t be more grateful. Highly recommend."
We understand how stressful it can be to be treated differently, side-lined and dismissed because you made a disclosure. Our focus is therefore to ensure that you’re advised clearly and properly, to enable you to feel in control and supported to make the right decision at every stage of the process.
We represented a whistleblower working in the care industry who reported a criminal offence. She was denied a promotion and didn’t want to remain in employment as a consequence. We were successful in achieving a termination which included compensation and the protection of her reputation.
We succeeded in a claim for a man who had been dismissed for reporting concerns to his industry regulator. His employer asserted that there was no connection between the disclosure and his dismissal, but we were able to achieve a settlement during the litigation.
No. The law protects both employees and other types of workers from detriments for having made protected disclosures.
There’s no qualifying period to bring a claim where the main reason for your dismissal was that you made the disclosure.
