whistleblowing
📖 What is whistleblowing? Meaning and definition
Whistleblowing is a legal concept that protects employees who raise concerns about certain types of wrongdoing by their employer or others. These concerns are known as 'protected disclosures'. If an employee makes a protected disclosure and then suffers 'detrimental treatment' as a result, they may have a claim against their employer. Detrimental treatment could include actions that put the employee at a disadvantage, such as attempts to restrict their ability to report future concerns.
For a whistleblowing claim to succeed, the employee must show they made a protected disclosure and that they suffered detrimental treatment. The employer then has to prove that the protected disclosure was not the material reason for the detrimental treatment. This means the employer must demonstrate that their actions were not significantly influenced by the fact that the employee blew the whistle.
Claims related to whistleblowing can include 'automatic unfair dismissal' if the whistleblowing was the reason for dismissal, or 'detriment as a result of whistleblowing' if the employee faced negative consequences while still employed. It's important for employees to understand their employer's whistleblowing policy, as this often outlines appropriate routes for reporting concerns.
📋 Requirements
- The claimant made a 'protected disclosure'.
- The claimant suffered 'detrimental treatment'.
- The detrimental treatment was materially linked to the protected disclosure.
📝 Procedure
- The claimant presents a claim to the Employment Tribunal, which may include whistleblowing complaints.
- The Tribunal clarifies the claims, such as 'automatic unfair dismissal (whistleblowing)' or 'detriment as a result of whistleblowing'.
- Evidence is heard from both the claimant and the respondent regarding the disclosure and the alleged detrimental treatment.
- The Tribunal determines if the claimant satisfied the conditions for a protected disclosure and suffered detrimental treatment.
- The respondent must then show that the protected disclosure did not materially cause the detrimental treatment.
💡 Examples
- An employee reports a concern about unsafe driving practices to a manager, as per the company's whistleblowing policy, but is subsequently told by another manager to only report such concerns through a restricted channel, which is seen as…
- A worker makes a claim for automatic unfair dismissal, alleging that their dismissal was a direct consequence of them making a protected disclosure about wrongdoing within the organisation.
- An individual raises concerns about systemic racial discrimination and bullying, which they later claim led to detrimental treatment affecting their career and reputation.
- A claimant includes whistleblowing as part of a broader claim to an Employment Tribunal, alongside complaints of discrimination and holiday pay.
📚 Legal basis
- Employment Rights Act
❓ Frequently asked questions
What is a 'protected disclosure' in whistleblowing?
A protected disclosure is a specific type of concern reported by an employee that is legally protected. The case excerpts show that reporting concerns about driving too fast could be considered a protected disclosure under a company's whistleblowing policy.
What counts as 'detrimental treatment' after whistleblowing?
Detrimental treatment is any action taken by an employer that puts the employee at a disadvantage because they blew the whistle. An example from the cases is a manager attempting to restrict an employee's legitimate routes for reporting future concerns.
Can I be dismissed for whistleblowing?
If your dismissal is found to be a direct result of making a protected disclosure, it could be considered 'automatic unfair dismissal (whistleblowing)'. This is a specific type of claim that can be brought to an Employment Tribunal.
What if my employer tries to stop me from reporting concerns?
If your employer tries to restrict your ability to report concerns that fall under their whistleblowing policy, this could be seen as subjecting you to detrimental treatment. You would need to show that this action was linked to a protected disclosure you made.
How do I prove my whistleblowing claim?
You would need to satisfy the Employment Tribunal that you made a protected disclosure and that you suffered detrimental treatment. The burden then shifts to your employer to show that the protected disclosure was not the material reason for their actions. Gathering evidence of your disclosure and the subsequent treatment is crucial.
Is there a time limit for making a whistleblowing claim?
Yes, Employment Tribunal claims, including those for whistleblowing, have strict time limits. For example, events before a certain date might be considered 'out of time'. It is important to engage in Acas early conciliation within the relevant timeframe.