Whistleblowing / Protected Disclosures
This is the common name given to claims under the Public Interest Disclosure Act 1998 (PIDA). It protects workers (a broader category than just employees) who believe that they have been subjected to a detriment at work because they have disclsoed information about their employer within certain specified categories (see below). If a worker is subjected to a detriment, for instance dismissed, for raising internally or with an external body (e.g a regulator) then he/she may be able to bring a claim in an Employment Tribunal. A dismissal made in resposne to a protected disclosure will be an automatically unfair dismissal
The employee needs to make a “protected disclosure” – this means the information he discloses must be within certain specified categories, being;
- information relating to a breach of a legal obligation by the employer
- miscarriages of justice
- threats to health and safety or the environment
- information relating to crimes
- the concealing of evidence relating to any of the above
He must have a reasonable belief that the disclosure he makes is true and he must act in good faith in making the disclosure. These types of claim are presented to an ET, do not require any qualifying period of employment and the compensation that can be awarded is not subject to any upper cap (as with unfair dismissal). Compensation is not awarded for injury to feelings as with discrimination claims.
The law is complex and claims can be very difficult. We can assisst and advise you if you believe you have such a claim and we would urge you to cojtact us on 0207 464 8433 before taking action.