Whistleblowing occurs when a worker raises concerns about wrongdoing in the public interest. For example:

• Criminal offences
• Breaches of legal obligations
• Health and safety risks
• Environmental damage
• Attempts to conceal wrongdoing

Not all workplace complaints amount to whistleblowing. Personal grievances about your own employment situation will not usually satisfy the requirements for statutory protection unless there is a wider public interest issue being raised.

For legal protection to apply, a worker must reasonably believe that:

• The disclosure relates to one of the recognised categories of wrongdoing (such as illegal acts or health and safety risks); and
• The disclosure is made in the public interest.

It is also important that the concern is raised in the right way and to the right person as failure to do so can affect whether it is protected. Early advice is therefore important to ensure concerns are raised in a manner that engages legal protection.

Many employers have their own whistleblowing policies designed to encourage internal reporting, such as:

• Identifying someone who concerns should be raised with.
• Provide for confidential handling.
• Outline how investigations will be conducted.
• Emphasise protection against victimisation.

Sometimes concerns may also be raised with external organisations and regulators- the appropriate route depends on the nature of the issue.

Whistleblowing cases are highly complex and also often sensitive. It is crucial to be represented by a lawyer who understands this and will guide you through every step, providing clarity and reassurance.

How can we assist?

• Offering advise on whether your concerns engage protected disclosure
• Provide guidance on how and where to raise concerns
• Assessing whether you have been subjected to detriment or dismissal as a result
• Advising on strategy and the steps to be taken.

If you are unsure whether your situation qualifies as whistleblowing or believe that you have been treated unfairly after raising concerns, early advice can provide clarity.

To arrange an initial discussion, please get in touch.