If you blow the whistle to your employer about any wrongdoing at work (e.g. someone has committed a criminal offence) then you are protected from dismissal or any other detriments.
If you are dismissed or suffer a detriment because of whistleblowing then you can bring a claim in the Employment Tribunal provided:-
- you are a worker (including employees, agency workers or apprentices);
- the disclosure is in the public interest;
- you have a reasonable belief that the malpractice disclosed falls within the qualifying categories;
- the information is disclosed to the right person and in the right way thereby making it a protected disclosure;
- you do not break the law yourself when making the disclosure;
There is no requirement to have two year’s service if you have been dismissed for whistleblowing.
The qualifying categories which you believe the malpractice is likely to fall into are as follows:-
- That a criminal offence has been committed, is being committed or is likely to be committed;
- That a person has failed, is failing or is likely to fail to comply with any legal obligation to which he/she is subject;
- That a miscarriage of justice has occurred, is occurring or is likely to occur;
- That the health and safety of any individual has been, is being or is likely to be endangered;
- That the environment has been, is being or is likely to be damaged, or
- That information tending to show any matter falling within any one of the preceding paragraphs has been or is likely to be deliberately concealed.
If you are dismissed or suffer a detriment for whistleblowing and require expert legal advice on your rights and what claims you can bring in an Employment Tribunal, then Contact Us now for an initial telephone consultation.