Workers in England and Wales may encounter situations where they need to report wrongdoing in their workplace. Such wrongdoing may include criminal offences, breaches of legal obligations, risks to health and safety, environmental damage or attempts to conceal such misconduct. Workers may fear retaliation, such as dismissal or demotion, for raising these concerns.
Whistleblowing legislation in England and Wales is designed to encourage workers to report wrongdoing without fear of retaliation. It provides robust protections for workers who make disclosures in the public interest, ensuring that they are not subjected to dismissal or detriment.
What does a whistleblowing solicitor do?
If you think that your employer is breaching its legal obligations or putting the health and safety of you or your colleagues at risk, it is wise to get advice early, to ensure you have the benefit of the protections available to you, should your employer not take your information in the spirit it is intended.
B P Collins has expert knowledge of the law protecting whistleblowers and has been involved in cases that have helped shape the law. If you need advice, protection or feel you have been unfairly dismissed because of whistleblowing, please contact our whistleblowing solicitors who are here to help you.
Protected Disclosures
To qualify as a “protected disclosure”, workers must ensure their disclosure meets the criteria. for a “protected disclosure.” This includes demonstrating a reasonable belief that the disclosure is in the public interest and relates to specific categories of wrongdoing. Once again, a worker only has to reasonably believe that there has been wrongdoing, it doesn’t matter if they turn out to be wrong. Workers should also follow the appropriate channels for making disclosures, such as reporting to their employer or a prescribed person.
What is in the public interest is quite widely interpreted, so if they are being bullied or the wrongdoing is limited to a fairly small group of colleagues, it might still be seen as being in the public interest.
While the protections are extensive, there are limitations. For example, certain categories of workers, such as those in the security and intelligence services, are excluded from protection. Additionally, disclosures involving criminal offences by the whistleblower are not protected.
Automatically unfair dismissal and interim relief
If a worker does raise a protected disclosure and is dismissed as a result, their dismissal will be automatically unfair and the amount of the compensation that can be awarded is uncapped. Further, they can seek an order for interim relief (provided they act very swiftly after dismissal), which might effectively reinstate their salary until their claim is heard. What’s more, even if they lose their claim, they won’t have to pay the money back.
Why choose B P Collins as your whistleblowing solicitors?
With over 50 years of experience in whistleblowing law, we’re consistently ranked by Chambers UK and The Legal 500 for the tenacity of our employment practice. Our solicitors have helped many employees, from junior staff to senior executives, navigate whistleblowing claims with confidence and clarity.
The whistleblowing solicitors at B P Collins are also members of the Employment Lawyers Association.
Price and service transparency
We pride ourselves on achieving the best possible and most cost effective outcomes for our clients, be that through pursuing a strike out of some or all of a claim or defence or negotiating an appropriate settlement.
View our price and service transparency here.
Get in touch
If you require legal assistance or advice on whistleblowing, do not hesitate to get in touch with our experienced team of whistleblowing lawyers, who are based in London, Ickenham, Thame and Gerrards Cross, by emailing enquiries@bpcollins.co.uk or call 01753 889995.
