Whistleblowing (protected disclosures)

About This Project

employerWhere a worker makes a relevant disclosure of information that, in his or her reasonable belief, tends to show one or more of the following:

 

  1. a person has failed, is failing or is likely to fail to comply with a legal obligation to which he is subject;
  2. a criminal offence has been committed, is being committed or is likely to be committed;
  3. a miscarriage of justice has occurred, is occurring or is likely to occur;
  4. the health and safety of an individual has been, is being or is likely to be endangered;
  5. the environment has been, is being or is likely to be damaged; or
  6. in relation to any of (1) to (5), above, that information has been or is likely to be deliberately concealed and the employer subsequently subjects the worker to a detriment, then the worker may succeed at an Employment Tribunal for being subjected to a detriment on the ground of having made a protected disclosure pursuant to the Employment Rights Act 1996, sections 47B and 48.

 

If the worker is an employee and he or she is dismissed for having made a protected disclosure, he or she may succeed in bringing a claim for automatic unfair dismissal under the Employment Rights Act, section 103A. In these circumstances, the employee does not need any qualifying service for unfair dismissal.

Category
Practice Areas