Whistleblowing Protection Explained

Whistleblowing is the term attributed to the act of reporting improper conduct, corruption or unethical behaviour that affects others, legally known as “making a disclosure in the public interest.”  It is essential that whistleblowers ate motivated by a commitment to public good rather than having a personal agenda such as revenge. Whistleblowers can report concerns within their company or organisation to supervisors or compliance officers or outside of their company or organisation by reporting to law enforcement or media. Although internal reporting is a common practice, external reporting may be necessary if it poses a threat to public safety.

Threats associated with whistleblowing

Whistleblowers often face risks that can involve loss of their job, damage to their reputation and high levels of stress. Regardless, it still occurs as it is an act that plays a crucial role in ensuring public safety and promoting accountability. The act of whistleblowing, although it presents personal risks, can prevent disasters and can save lives which makes in an essential act if a situation presents itself where it is necessary.

Whistleblowing protection

Whistleblowing protection refers to the legal safeguards that are in place for the individuals who have reported wrongdoing in the workplace to ensure public safety. In the UK, whistleblowers are protected by law if their disclosure qualifies for whistleblowing and is in the public interest. This states that they legally cannot be dismissed or subjected to any detriment for reporting concerns that involve illegal activities and they must be protected from retaliation if they report wrongdoing.

A disclosure is considered protected if it meets certain criteria under UK law which is stated in the Public Interest Disclosure Act 1998 as incorporated into the Employment Rights Act 1996. In order to qualify for a protected disclosure, the worker must reasonably believe that the information shows wrongdoing and the disclosure must be in the public interest. If the disclosure contains any of these factors or any other factors such as criminal offences or health and safety dangers, the disclosure and the whistleblower have the right to be protected under the law.

Qualification for protection

Legal protection can apply to any worker that makes a protected disclosure which includes employees, trainees and those who are on work experience. Protection starts from the beginning of employment and can continue after the worker has left the employer. However, some people are not usually protected by whistleblowing law, including y self-employed people, volunteers without an enforceable employment contract, members of the armed forces, and people whose disclosure would breach legal professional privilege. Furthermore, Crown employees dealing with national security may have only partial protection.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.