Unfair Dismissal for Whistleblowing

A Guide to Your Rights and Protections

At Blackstone Solicitors, we believe that integrity should never be a career-ending move. If you have witnessed wrongdoing in your workplace and had the courage to report it, you should be protected by the law, not punished with the loss of your livelihood. Unfortunately, many employees across England and Wales find themselves facing hostility or termination after speaking up.

Whistleblowing is a unique and highly protected area of employment law. Unlike standard unfair dismissal claims, whistleblowing protections are available from the very first day of your employment. This article explores the legal definition of a whistleblower, the criteria for a “protected disclosure,” and the robust remedies available to those who have been victimised for doing the right thing.

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What is Whistleblowing in the Workplace?

In a legal context, whistleblowing occurs when an employee or worker reports certain types of wrongdoing or “malpractice” that they have witnessed at work. In the eyes of the law, this is known as making a protected disclosure.

The legislation governing this area is primarily the Public Interest Disclosure Act 1998, which is incorporated into the Employment Rights Act 1996. The aim is to encourage transparency and ensure that individuals can report serious concerns without fear of “detriment” or dismissal.

What Counts as a Protected Disclosure?

Not every complaint made to a manager qualifies as whistleblowing. For a disclosure to be legally protected, it must meet specific criteria regarding its content and the way it was reported.

1. The Subject Matter of the Disclosure

The disclosure must involve information that, in the reasonable belief of the worker, shows one or more of the following:

• Criminal offences: For example, fraud, bribery, or theft.
• Failure to comply with a legal obligation: This could be a breach of a contract or a regulatory requirement.
• Miscarriages of justice: Where the legal process has been compromised.
• Health and safety risks: Situations that put an individual’s safety in danger.
• Environmental damage: Deliberate pollution or breaches of environmental laws.
• Deliberate concealment: Efforts to hide any of the above.

2. The Public Interest Test

Crucially, the worker must reasonably believe that the disclosure is made in the public interest. A complaint about your own personal employment contract or a private dispute with a colleague is generally not considered whistleblowing. It must be something that affects more than just the individual making the report. For instance, reporting that a care home is neglecting its residents is clearly in the public interest; reporting that your manager was rude to you is not.

The Day One Right: No Minimum Service Required

One of the most powerful aspects of whistleblowing law is that there is no “qualifying period.” For a standard unfair dismissal claim, an employee usually needs two years of continuous service. For whistleblowing, you are protected from the moment you sign your contract. This prevents employers from quickly “getting rid of” new hires who happen to spot and report illegal practices early on.

Identifying Unfair Dismissal for Whistleblowing

If the “sole or principal reason” for your dismissal was that you made a protected disclosure, the dismissal is considered automatically unfair.

Employers rarely admit that they are firing someone for whistleblowing. Instead, they often cite other reasons, such as:

• Redundancy.
• Poor performance or “capability” issues.
• A “breakdown in working relationships.”
• Minor instances of misconduct.

At Blackstone Solicitors, we look for “proximal evidence.” If you have a clean disciplinary record for five years and are suddenly dismissed for a minor error two weeks after reporting financial irregularities, the timing strongly suggests a causal link. We help our clients dig beneath the surface of the employer’s stated reason to reveal the true motive behind the termination.

Protection Against Detriment

You do not have to be fired to seek legal redress. The law also protects workers from “detriment.” This refers to any treatment that puts you at a disadvantage. Examples of detriment following a whistleblowing report include:

• Being passed over for a promotion you were qualified for.
• Being excluded from important meetings or social events.
• Bullying or harassment by managers or colleagues.
• Reduction in hours or a demotion.
• Unwarranted disciplinary action.

If you are subjected to such treatment, you can bring a claim to an Employment Tribunal while you are still employed.

To Whom Should You Disclose Information?

The law encourages workers to report concerns internally first. However, protection still applies if you report it to certain “prescribed persons” or bodies. These include:

• Your Employer: Following the company’s internal whistleblowing policy.
• Regulatory Bodies: Such as the Financial Conduct Authority (FCA), the Care Quality Commission (CQC), or the Health and Safety Executive (HSE).
• Legal Advisers: Disclosures made to a solicitor in the course of obtaining legal advice are highly protected.
• The Media: Reporting to the press is only protected in very limited and extreme circumstances, usually where the worker reasonably believes they will be victimised or that evidence will be destroyed if they report it internally.

Remedies and Compensation: No Upper Limit

In a standard unfair dismissal case, the compensatory award is subject to a statutory cap (the lower of a set yearly figure or one year’s gross salary).

However, in cases of unfair dismissal for whistleblowing, there is no cap on compensation.

This reflects the severity with which the courts view these cases. The Tribunal can award:

• Loss of past earnings: Every penny you lost between being fired and the hearing.
• Loss of future earnings: If the whistleblowing has made you “radioactive” in your industry or if you are unable to find work for a long period, the court can award significant sums to cover years of future income.
• Injury to feelings: Compensation for the emotional distress and anxiety caused by the victimisation.
• Pension and benefit losses: To restore you to the financial position you would have been in.

Interim Relief: A Vital Shield

Whistleblowing claims allow for a rare legal tool called Interim Relief.

You must apply for this within seven days of being dismissed. If successful, the Tribunal orders the employer to continue paying your salary and providing your benefits until the full case is heard. This is designed to prevent an employer from “starving out” a whistleblower who has a strong case. Because it requires a high threshold of proof at a very early stage, having expert legal representation from Blackstone Solicitors is essential for such an application.

The Burden of Proof

In these cases, the legal “dance” regarding the burden of proof is complex. Once the employee proves they made a protected disclosure and were dismissed, the burden shifts to the employer to provide a non-whistleblowing reason for the termination. If the Tribunal finds that the employer’s reason is a sham, or if the disclosure was the “primary” influence on the decision, the employee will succeed.

Common Misconceptions About Whistleblowing

There are several myths that often prevent people from seeking the justice they deserve.

“I have to be right about the wrongdoing”

You do not need to be correct. As long as you have a reasonable belief that the information shows malpractice, you are protected. You are not an investigator; you are a reporter of concerns.

“I must be motivated by a sense of duty”

Your personal motivation for speaking up no longer matters for the disclosure to be “protected,” as long as you believe it is in the public interest. Even if you dislike your manager, if you report that they are breaching safety laws, you are protected. However, if the court finds you acted in “bad faith,” they may reduce your compensation by up to 25%.

“I signed a non-disclosure agreement (NDA)”

You cannot “contract out” of whistleblowing protections. Any clause in a settlement agreement or employment contract that attempts to prevent you from making a protected disclosure is void. “Gagging clauses” cannot legally stop you from reporting crimes or safety risks to the relevant authorities.

Tactical Steps if You Are Concerned

If you are currently in a position where you feel you must speak up, or if you have already done so and are feeling the “chill” from your employer, consider the following steps:

• Check the policy: See if your company has a formal whistleblowing procedure and follow it.
• Keep a paper trail: Save copies of your reports and any responses. Keep a diary of any incidents of hostility or changes in how you are treated.
• Stay professional: Do not give your employer an excuse to fire you for a “conduct” reason. Continue to perform your duties to the best of your ability.
• Seek advice early: Before you make a disclosure, or immediately after you are dismissed, speak to a specialist solicitor.

How Blackstone Solicitors Can Help

Whistleblowing cases are among the most hard-fought in the Employment Tribunal. Employers will often spare no expense to protect their reputation and discredit the whistleblower. You need a legal team that is equally tenacious.

At Blackstone Solicitors, we provide expert guidance to workers across England and Wales. Our services include:

• Assessing your disclosure: Determining whether your report meets the legal criteria for protection.
• Interim Relief applications: Acting quickly to secure your income while the case is pending.
• Negotiating settlements: In many cases, we can secure a high-value settlement via a Settlement Agreement, allowing you to move on with your career without a public battle.
• Tribunal representation: Providing robust advocacy to ensure your voice is heard and your integrity is rewarded.

We understand the bravery it takes to stand up for what is right. Our goal is to ensure that your courage does not result in financial ruin.

Conclusion

The protections for whistleblowers in England and Wales are among the strongest in the world, yet they are only effective if you know how to use them. If you have been dismissed or mistreated because you spoke up about wrongdoing, the law is on your side.

Do not be intimidated by the size or power of your employer. Whether you have worked at a firm for twenty years or two days, you have the right to work in an environment that values the truth.

How to Contact Our Employment Law Solicitors

It is important for you to be well informed about the issues and possible implications of Employment Law. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to our Employment law solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Please visit our website to see all the Employment Law services we offer: https://blackstonesolicitorsltd.co.uk/employment-law-services/

Authored by Ben Posted in Blog, News Tagged as

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