Whistle Blowing

Under Section 47B of the Employment Rights Act 1996, “A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure”.  The definition of worker under this section is very wide and it includes employees, contractors and agency workers.

A protected disclosure includes information which a worker reasonably believes tends to show:
To qualify for protection, it is not necessary for the wrongdoing actually to occur, so long as the whistleblower has a reasonable belief that the information tends to show the wrongdoing.

It is automatically unfair to dismiss an employee because s/he made a ‘protected disclosure’ of information. There is no qualifying period of service and there is no limit to the amount of compensation they may be awarded for successful whistleblowing claims.

Whistleblowing claims are complex and whether you’re an employer or employee, our employment law team can help. For more information, please call the employment team on 0161 834 2623.