Under the Public Interest Disclosure Act 1998 (PIDA 1998), it is unlawful for an employer to subject an employee to a detriment (including dismissal) on the grounds that he or she has made a protected disclosure.
A protected disclosure is where a worker, makes a disclosure relating to a preceived breach of legal obligation which he or she reasonably believes to be true. A disclosure must also be made in the public interest in order to gain protection under PIDA 1998.
Employers are usually understandably concerned that any allegations raised by a whistleblower might result in adverse publicity and considerable harm to the business.
Expert Commercial Advice from Experienced Whistleblowing Solicitors
Our top-ranked whistleblowing experts have a wealth of experience in advising businesses when staff claim that they have been subjected to a detriment after making a protected disclosure. We have an excellent track record of identifying whether a whistleblowing claim is genuine, and where appropriate we have successfully argued that spurious or malicious whistleblowing claims do not fall within the protection of PIDA 1998.
The most effective way to avoid whistleblowing claims is to establish a culture of openness and transparency in the workplace. A key way to achieve this is to have a clear whistleblowing policy which allows concerns to be reported and dealt with internally. If staff feel encouraged to raise concerns internally at an early stage, this can lead to fewer public disclosures, thereby lessening the risk to the reputation of your business.
It is necessary to create an open atmosphere at work, where employees feel that they can raise issues without fear of recrimination. We can help you foster that atmosphere by training your staff, so that they can appreciate and understand how and when your whistleblowing policy should be used.
We are located in central London and act for employers in London and throughout the UK. We are a team of dynamic, experienced and forward-thinking employment solicitors.