Understanding Whistleblowing
It is unlawful for an employer to subject an employee to a detriment because they have made a protected disclosure. This protection applies where you reasonably believe the disclosure is in the public interest.
A disclosure may be protected if it relates to:
- A criminal offence
- A risk to someone’s health and safety
- Damage, or risk of damage, to the environment
- A miscarriage of justice
- A breach of legal obligation (for example, operating without required insurance)
- The deliberate concealment of wrongdoing
You are protected from unfair treatment, victimisation or dismissal because you have raised concerns. Importantly, there is no minimum length of service requirement to bring a whistleblowing claim.
If you are dismissed for making a protected disclosure, you may be able to bring a claim for automatic unfair dismissal, regardless of how long you have worked for your employer.
Strict time limits apply. In most cases, you must begin ACAS Early Conciliation within three months less one day of the detrimental treatment or dismissal.
How we can help
Assessing whether your disclosure is protected
We will advise whether your concerns are likely to qualify as a protected disclosure under the law.
Advice before or after raising concerns
We can guide you on how to raise concerns safely or advise you if you have already suffered negative treatment.
Detriment and victimisation claims
We will assess whether you have suffered unlawful treatment because of whistleblowing.
Dismissal claims
If you have been dismissed, we will advise whether you may have a claim for automatic unfair dismissal.
ACAS Early Conciliation support
We can start and manage the Early Conciliation process on your behalf.
Tribunal representation and negotiation
We will represent you in negotiations or Employment Tribunal proceedings where necessary.
