Whistleblowing
Whistleblowing is one of the most challenging and controversial areas of employment law.
Our specialist Employment Law Solicitors have been recognised in the Legal 500 and have a robust reputation for winning whistleblowing claims brought by people not just in Coventry, Nuneaton, Rugby and Leamington, but across Warwickshire the Midlands and the whole of the UK.
Because we have a specialist employment law team, our Solicitors have a rigorous understanding of whistleblowing law and other legal issues surrounding whistleblowing such as discrimination and unfair dismissal.
Based in our offices in Coventry city centre, we are a diverse, multi-lingual law firm that uses best-in-class technology to provide clients with streamlined, modern, and highly effective employment law advice and representation. Our years of experience in employment law means we have a robust reputation for excellence with the UK’s best Barristers and King’s Counsel, Independent Financial Advisers, and Counsellors who can bring additional support to our Employment Law Department if required. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses.
Below are some of the most common questions we are asked about whistleblowing.
What is whistleblowing?
Whistleblowing is when an employee discloses information about wrongdoing in the workplace. Many incidents of whistleblowing have become entrenched in history, for example, Frank Serpico (later portrayed by Al Pacino in the movie Serpico) who spoke to the New York Times about corruption in the NYPD and Jeffrey Wigand (played by Russel Crowe in The Insider) who told 60 Minutes that cigarette companies were intentionally packaging products with addictive levels of nicotine.
Whistleblowers play an enormous part in helping stop and prevent corporate and government misconduct.
How are whistleblowers protected?
The Public Interest Disclosure Act 1998 (PIDA) provides two levels of protection for whistleblowers:
- Protection against being dismissed for making a protected disclosure; and
- Being subjected to detriment for making a protected disclosure.
Various criteria must be met to qualify for protection under PIDA. Our Employment Law Solicitors will quickly advise you if you are eligible.
What is a ‘qualifying disclosure’?
A disclosure qualifies for protection if you made it in the reasonable belief that making the disclosure was in the public’s interest and one or more of the following wrongdoings apply:
- A criminal offence has been committed, is being committed or is likely to be committed.
- Someone has failed, is failing or is likely to fail to comply with any legal obligation to which they are subject.
- A miscarriage of justice has occurred, is occurring or is likely to occur.
- The health or safety of any person has been, is being or is likely to be endangered.
- The environment has been, is being or is likely to be damaged.
- Information showing evidence of any of the above has been, is being or is likely to be deliberately concealed.
To protect your interests, it is always better to make any disclosure in writing. Simply telling your manager can lead to a dispute about what you actually said. Furthermore, an Employment Tribunal claim is unlikely to occur for at least a year following the disclosure, making it extremely difficult to prove that a protected disclosure was ever made unless you can provide written evidence.
How much compensation will I get if I have been dismissed concerning whistleblowing?
If you win your claim in the Employment Tribunal, there is no cap on the amount of compensation you may be awarded.
I work in the financial sector – are there any additional whistleblower protections?
The Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) have policy statements on whistleblowing in large financial institutions, and a package of new rules for large banks, building societies, credit unions, PRA-designated investment firms and insurers.
Affected institutions are required to appoint a “whistleblowers’ champion” and establish internal whistleblowing channels. They must communicate to staff about these arrangements, the role of the PRA and FCA with regards to whistleblowing, and employees’ rights under PIDA.
Why choose us?
If you have been dismissed or subject to detriment after making a protected disclosure we can advise and represent you. You can trust that our solicitors and their team will take care of the matter so you can get on with the rest of your life.
We have successfully advised and represented senior executives, professionals, and highly skilled workers on whistleblowing claims and are experienced in working in a wide range of industries, including manufacturing, retail, finance, law, medicine, academia, and technology. Our results-driven Employment Law Solicitors will support you through every stage of the whistleblowing process, providing advice that you can trust will protect your best interests.
Whistleblowing cases can attract significant media attention. If this occurs, we will manage any questions on your behalf.
People choose and recommend us because we care about them and their future career prospects. We are focused on results and achieving them in the quickest, most cost-effective way possible. Our Employment Law Solicitors will take care of your legal concerns so you can focus on your future.
To talk to us about making a whistleblowing claim, please contact us using the form below, call us on Coventry (02476) 231000, email enquiries@askewslegal.co. or visit us at our city centre offices in Coventry.