Whistleblowing cases tend to be the ones that make the headlines, notably (but by no means limited to) the high-profile cases involving the NHS and care sector. Under the whistleblowing legislation, workers are protected from suffering detrimental treatment on account of making a ‘protected disclosure’ – typically the revelation of criminal behaviour, unlawful practices, health and safety concerns or damage to the environment.
Aside from the risk of adverse publicity and reputational damage, whistleblowing claims are a particular hazard for employers because, unlikely ‘ordinary’ unfair dismissal claims:
a) employees do not need two years’ continuous service to bring a claim – the protection arises from the very start of employment; and
b) there is no cap on the potential damages that can be awarded for a successful claim.
TJD Law can assist with:
- Drafting and implementing whistleblowing policies
- Advice and guidance on handling whistleblower disclosures
- Responding to complaints and grievances based upon detrimental treatment
- Defending whistleblowing claims brought in the Employment Tribunal