Laura Macdonald | Senior Associate

Whistleblowing

Whistleblowing occurs when a worker makes a qualifying disclosure, in good faith, to an employer, regulator, legal adviser or other responsible or prescribed person about a dangerous or illegal activity or omission. Where the appropriate criteria are met, this will be deemed to be a ‘protected disclosure’ and the whistleblower will be protected from dismissal or detriment.

While the public value of whistleblowing has been increasingly recognised under the Public Interest Disclosure Act 1998 (PIDA), choosing to ‘blow the whistle’ can often result in workers looking for specialist legal advice when they find themselves to be the target of their employer’s retaliation. This is where Jackson Boyd can help you.

It is important to remember that as a whistleblower, you are protected from suffering any detriment as a direct result of your disclosure, such as demotion or reduction in salary; you are also protected from being dismissed for whistleblowing. If a worker is dismissed as a result of making a ‘protected disclosure’, it will be deemed automatically unfair.

You will be protected by the law if you report any of the following:

  • a criminal offence
  • if the health and safety of a person (a colleague or a member of the public)is in danger
  • the risk of or any actual damage to the environment
  • a miscarriage of justice
  • your employer is breaking the law, eg doesn’t have the right insurance
  • you believe someone is covering up wrongdoing

How can Jackson Boyd help you with whistleblowing?

Jackson Boyd specialises in helping workers who believe they have been treated unfairly as a result of whistleblowing as well as helping employers who may be considering implementing or revising a whistleblowing policy, or wish to provide training on this.

It is important for employers to display whistleblowing policies and guidance within their organisation so as to encourage workers to disclose any reasonable belief of wrongdoing at an early stage. An effective whistleblowing policy allows issues to be raised and corrected internally, therefore avoiding the reputational damage which may come from serious breaches and external disclosures. Should you require a whistleblowing policy to be drafted to suit your organisation’s needs, or if you are a worker, who has concerns about the above, get in touch with our specialist employment team.

Contact Our Whistleblowing Lawyers Today

When you contact us, we will take the time to gather all of the information which is relevant in order to establish the facts and find out as much as possible about your circumstances, to provide you with the advice you require. We understand that this can be a complex matter and we are committed to creating a process which is as straightforward as possible. Contact us today to arrange an initial free consultation. Call us on 0330 037 9552 or fill in our online enquiry form.

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