What is whistleblowing?

Whistleblowing describes action taken by an employee or worker to disclose information relating to wrongdoing at their organisation in the public interest.

Whatever your occupation or profession, it's possible that you'll one day uncover dishonesty, malfeasance, risk-taking or malpractice at the place you work. It doesn't matter whether you're a doctor or a lawyer, a financial director or a secretary, if you see wrongdoing in a public or private organisation - and the chance to make things right by revealing the truth – you have the moral right to become a whistleblower.

We understand that whistleblowing can be tough, and the fear of reprisal from employers can cause a great deal of stress and trepidation. At Slater and Gordon, we are proud to offer our full support to protect your position and ensure you receive the fair and just treatment you deserve.

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When is it right to become a whistleblower?

It goes without saying that this is a brave and potentially risky course of action, which can lead to career damage or even dismissal once you've revealed what you know. That's why our experienced employment law solicitors are here to help and want to talk to you at the earliest opportunity to make sure your courage isn't going to be punished by your employer.

We have the experience to offer you practical advice and assistance in reporting public interest concerns in a way that helps to avoid difficulties and discourage reprisals. If you believe it's your duty to become a whistleblower – or you're already suffering the repercussions of having done so - call us now on 0330 041 5869 or contact us online and we'll call you back.

What are the different forms of whistleblowing?

• Internal whistleblowing - The most common form of whistleblowing is internal, where an employee reports wrongdoing to another party within the organisation. This process may be outlined in your employer’s whistleblowing policy. For the report to be handled effectively by your employer, it’s essential to consult and comply with this policy.
• External whistleblowing - Whistleblowing externally involves reporting the incident to sources outside the organisation such as a relevant prescribed body. When doing so, employees must reasonably believe that the malpractice falls within the remit of the organisation they are reporting to, for example, health and safety complaints can be made to the Health and Safety Executive.
• Cyber whistleblowing – This form of whistleblowing has evolved alongside the increased risk of security and storage of data online. These types of whistleblowing cases can involve security breaches, unsecure practices, encryption deficiencies, and being hacked.
• It’s important to note that discovering wrongdoings in certain fields of work require specific channels and procedures. If you’re unsure of which route to take, our experts are here to advise you to ensure your report is managed effectively.

Can I be punished for whistleblowing?

Telling the truth – particularly when it's in the public interest – should always mean that you have the law on your side. However, if you're about to become a whistleblower, it's important to go about it in the correct way to right the wrongs you've discovered without jeopardising your own career or reputation.

If you work in certain fields, such as medicine, financial services or the law for example, there are accepted channels you should go through. If you're in other fields, we can still advise on the best course of action to take.

Unfortunately, some employers can react badly to whistleblowers, leading to a variety of detriments, including:

• Demotion
• Restrictions to your role
• Hostility
• Benefits or bonuses being withheld
• Harassment or victimisation
• Pressure to resign
• Unfair dismissal

Where this has happened to you, there are several legal remedies available, such as internal grievances processes, settlement agreements and, as a last resort, constructive dismissal claims at a tribunal.

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How will I be protected during the whistleblowing process?

Under the Public Interest Disclosure Act 1998, whistleblowers who disclose their concerns in the public interest are protected from reprisal from their employer. The act states:

• Whistleblowers should not be subjected to unfair or negative treatment by employers.
• Whistleblowers cannot be dismissed due to their disclosure. Where this occurs, the whistleblower could be able to make a claim for unfair dismissal.
• Whistleblowers should not be forced, through unfair treatment, to resign. Those that are could have a claim for constructive dismissal.

Why choose Slater and Gordon’s whistleblowing lawyers?

We understand that it can be difficult to speak out, no matter how good the cause, particularly if you feel you could be opening yourself up to reprisal. No one should be treated unfairly for doing the right thing, and we’re proud to be here to fight in your corner.

If you're suffering discrimination or harassment as the result of whistleblowing, or have been unfairly or constructively dismissed, our expert, compassionate whistleblowing solicitors are here to support you every step of the way.

Our employment team have an outstanding track record of success in handling whistleblowing claims, and many of our solicitors have received recognition from esteemed legal publications such as Chambers and Partners and the Legal 500. With a wealth of experience and expertise, you can trust that you are in good hands.