Whistleblowing Claims

Duncan Lewis Employment Law Solicitors – Whistleblowing Claims

Whistleblowing is the popular term for public disclosure about a range of issues which might constitute “wrongdoing”.

Most employment contracts contain covenants which might prevent disclosure – called restrictive covenants.

However, when wrongdoing has taken place and an employee makes this public or reports it to the authorities, they are protected under the Public Interest Disclosure Act 1998 – often referred to as the Whistleblowers’ Act.

Many employees may fear if they disclose illegal or unethical practices in the workplace, they will lose their job – or may face censure from colleagues or their profession.

Many high-profile cases involving poor, negligent or wilfully negligent care in the NHS or private health sector have come to public attention because of whistleblowers, however – and public disclosure about issues of bad practice in organisations can help protect the vulnerable and expose corruption.

Who is protected by the Whistleblowers’ Act?

Employees are protected by the Public Interest Disclosure Act – as well as other staff, such as agency workers, trainees and freelance workers.

It is important to realise that not all whistleblowers are protected under the Act, however, as there are uncertain activities which are classed as a “qualifying disclosure”, including:

• Breach of legal duty
• Criminal activity
• Environmental damage
• Health and Safety breaches
• Miscarriages of Justice.

A qualifying disclosure would also involve any attempt to conceal any of the above breaches or activities.

Disclosure to the media is known as an external disclosure – and protection under the Act would depend on the gravity of the disclosure and any details being in the public interest, rather than an employee acting for reasons of malice or for financial gain.

How are Whistleblowers protected by law?

Under the Public Interest Disclosure Act, an employee who makes a public disclosure about illegal, unethical or negligent practices in the workplace is protected in several ways:

• The employee or whistleblower does not have to resign
• The employee is protected from being treated unfairly as a result of disclosure
• An employer cannot dismiss a whistleblower.

If a whistleblower is dismissed by an employer as the direct result of a qualifying disclosure, it is possible to make a claim for unfair dismissal at an Employment Tribunal – in these cases it is likely that any claim would be accepted by the tribunal automatically.

How to make a Qualifying Disclosure

There is a procedure that must be followed before turning whistleblower:

• An employee must take up the matter with their employer before disclosure
• An employee must report the matter to the relevant authority before disclosure (eg regulatory body or investigating authority)
• The employee must act in good faith
• The employee must have a reasonable belief that the incident to be disclosed actually occurred (ie is not hearsay or gossip or speculation).

Duncan Lewis employment law solicitors can advise employees at any stage of a public disclosure – and strongly advises any employee considering making a qualifying disclosure to talk to one of our specialist employment law solicitors about whistleblowing and protection under the Public Interest Disclosure Act.

Duncan Lewis solicitors also have successful criminal law, medical negligence, immigration law, family law and property and housing law departments – and our in-house legal experts can advise on most areas of the law involved in public interest disclosure, including white collar crime, local authority services and government organisations.

Duncan Lewis Employment Law Solicitors – How we can help you

Duncan Lewis employment lawyers act on behalf of claimants and respondents in all Employment Tribunal related matters.

The Duncan Lewis employment team can represent all types of employers, both large and small – as well as advising individual employees and collective employees on matters relating to the Employment Rights Act 1996 and the Public Interest Disclosure Act 1998.

Duncan Lewis Employment Law Solicitors – Fees

Duncan Lewis employment law solicitors operate a transparent fee scale – and can offer a range of competitively priced funding options for claimants and respondents:

• No-win-no-fee
• Damage based fee
• Contingency fee
• Fixed fees (for specific tasks)
• Insurance funded cases.

Some cases may be funded with Home Contents Insurance or Contents/Buildings Insurance with Employment Protection Cover.

In some cases, Legal Aid may be available to fund a case.

Duncan Lewis believes clients should always know what they will be paying – and will advise on the best funding option at the initial client meeting.

Duncan Lewis Employment Law Solicitors – When to contact us

If you have a problem with employment or wish to make a qualifying disclosure about an employer, it is important to take legal advice and find out what your rights are as soon as possible.

Duncan Lewis can offer clear legal advice on employment law at any stage of an employment matter, including whistleblowing.

Duncan Lewis also has a successful track record in advising companies and employers on employment matters and disputes involving public interest disclosure.

The sooner you call us, the sooner we can help with an employment matter.

Duncan Lewis Employment Law Solicitors – How to contact us

Duncan Lewis has offices nationwide and in most major cities, with more than 20 offices across London and the southeast.

For expert legal advice on employment law and whistleblowing, call Duncan Lewis employment solicitors on 020 7923 4020.