Whistleblowing in the Workplace Claim
Whistleblowing and the Law
Whistleblowing in the workplace involves reporting wrongdoing, illegal activities, or risks to the public interest. In the UK, whistleblowers are protected by law under the Public Interest Disclosure Act 1998 (PIDA), which is incorporated into the Employment Rights Act 1996. Here’s a step-by-step guide on how to make a whistleblowing claim and protect your rights:
What Qualifies as Whistleblowing?
You’re protected as a whistleblower if you report:
A criminal offence (e.g., fraud, theft, or violence).
A breach of legal obligations (e.g., health and safety violations).
Miscarriages of justice.
Endangerment of someone’s health and safety.
Damage to the environment.
Covering up any of the above.
The disclosure must be in the public interest, not just a personal grievance (e.g., a complaint about your own contract).
Steps to Make a Whistleblowing Claim
1. Raise the Concern Internally
Follow your employer’s whistleblowing policy: Many companies have a formal procedure for reporting concerns.
Report to the appropriate person: This could be your manager, HR, or a designated whistleblowing officer.
Put it in writing: Keep a record of your disclosure, including dates, times, and what you reported.
2. Report to a Prescribed Person or Body
If you don’t feel comfortable reporting internally or if your employer doesn’t address the issue, you can report to an external body, such as:
Health and Safety Executive (HSE) for safety issues.
Financial Conduct Authority (FCA) for financial misconduct.
Information Commissioner’s Office (ICO) for data protection breaches.
HM Revenue & Customs (HMRC) for tax evasion.
Check the UK government’s list of prescribed persons and bodies to find the right one for your concern.
3. Seek Legal Advice
If you’re unsure about how to proceed, consult an employment lawyer or contact Acas for free advice.
Ensure your disclosure qualifies for whistleblowing protection.
4. Make a Claim to an Employment Tribunal
If you face retaliation (e.g., dismissal, demotion, or harassment) after whistleblowing, you can take legal action:
Time limit: You must file a claim within 3 months less one day from the date of the detrimental act (e.g., dismissal).
Process:
Notify Acas to start Early Conciliation (a mandatory step to try to resolve the dispute without going to court).
If conciliation fails, submit a claim to the Employment Tribunal using the ET1 form.
Use our Whistleblowing in the Workplace Claim template to attach to the ET1.
Protections for Whistleblowers
Under PIDA, you’re protected from:
Unfair dismissal: If you’re fired for whistleblowing, you can claim unfair dismissal (even if you haven’t worked for the employer for 2 years).
Detrimental treatment: This includes bullying, demotion, or being overlooked for promotion.
Breach of confidentiality: Your employer cannot reveal your identity without your consent.
What to Include in Your Disclosure
When making a whistleblowing claim, ensure your disclosure:
Is made in good faith (you genuinely believe it’s true).
Is in the public interest.
Is based on reasonable grounds (you have evidence or a reasonable belief in the wrongdoing).
Evidence to Support Your Claim
Gather evidence to support your case, such as:
Emails, letters, or records of your disclosure.
Witness statements from colleagues.
Records of any retaliation (e.g., dismissal letters, demotion notices).
Where to Get Help
Acas Helpline: 0300 123 1100 (free advice on whistleblowing and employment rights).
Protect: A whistleblowing charity offering free, confidential advice: Protect.
Citizens Advice: Visit Citizens Advice for guidance.
Employment Lawyer: Seek legal advice if you’re considering a tribunal claim.
Key Points to Remember
Whistleblowing is protected by law, but you must follow the correct procedures.
Keep records of your disclosure and any retaliation.
Act quickly, as there are strict time limits for making a claim.
By taking these steps, you can raise concerns about wrongdoing in your workplace while protecting your rights and career.
Whistleblowing and the Law
Whistleblowing in the workplace involves reporting wrongdoing, illegal activities, or risks to the public interest. In the UK, whistleblowers are protected by law under the Public Interest Disclosure Act 1998 (PIDA), which is incorporated into the Employment Rights Act 1996. Here’s a step-by-step guide on how to make a whistleblowing claim and protect your rights:
What Qualifies as Whistleblowing?
You’re protected as a whistleblower if you report:
A criminal offence (e.g., fraud, theft, or violence).
A breach of legal obligations (e.g., health and safety violations).
Miscarriages of justice.
Endangerment of someone’s health and safety.
Damage to the environment.
Covering up any of the above.
The disclosure must be in the public interest, not just a personal grievance (e.g., a complaint about your own contract).
Steps to Make a Whistleblowing Claim
1. Raise the Concern Internally
Follow your employer’s whistleblowing policy: Many companies have a formal procedure for reporting concerns.
Report to the appropriate person: This could be your manager, HR, or a designated whistleblowing officer.
Put it in writing: Keep a record of your disclosure, including dates, times, and what you reported.
2. Report to a Prescribed Person or Body
If you don’t feel comfortable reporting internally or if your employer doesn’t address the issue, you can report to an external body, such as:
Health and Safety Executive (HSE) for safety issues.
Financial Conduct Authority (FCA) for financial misconduct.
Information Commissioner’s Office (ICO) for data protection breaches.
HM Revenue & Customs (HMRC) for tax evasion.
Check the UK government’s list of prescribed persons and bodies to find the right one for your concern.
3. Seek Legal Advice
If you’re unsure about how to proceed, consult an employment lawyer or contact Acas for free advice.
Ensure your disclosure qualifies for whistleblowing protection.
4. Make a Claim to an Employment Tribunal
If you face retaliation (e.g., dismissal, demotion, or harassment) after whistleblowing, you can take legal action:
Time limit: You must file a claim within 3 months less one day from the date of the detrimental act (e.g., dismissal).
Process:
Notify Acas to start Early Conciliation (a mandatory step to try to resolve the dispute without going to court).
If conciliation fails, submit a claim to the Employment Tribunal using the ET1 form.
Use our Whistleblowing in the Workplace Claim template to attach to the ET1.
Protections for Whistleblowers
Under PIDA, you’re protected from:
Unfair dismissal: If you’re fired for whistleblowing, you can claim unfair dismissal (even if you haven’t worked for the employer for 2 years).
Detrimental treatment: This includes bullying, demotion, or being overlooked for promotion.
Breach of confidentiality: Your employer cannot reveal your identity without your consent.
What to Include in Your Disclosure
When making a whistleblowing claim, ensure your disclosure:
Is made in good faith (you genuinely believe it’s true).
Is in the public interest.
Is based on reasonable grounds (you have evidence or a reasonable belief in the wrongdoing).
Evidence to Support Your Claim
Gather evidence to support your case, such as:
Emails, letters, or records of your disclosure.
Witness statements from colleagues.
Records of any retaliation (e.g., dismissal letters, demotion notices).
Where to Get Help
Acas Helpline: 0300 123 1100 (free advice on whistleblowing and employment rights).
Protect: A whistleblowing charity offering free, confidential advice: Protect.
Citizens Advice: Visit Citizens Advice for guidance.
Employment Lawyer: Seek legal advice if you’re considering a tribunal claim.
Key Points to Remember
Whistleblowing is protected by law, but you must follow the correct procedures.
Keep records of your disclosure and any retaliation.
Act quickly, as there are strict time limits for making a claim.
By taking these steps, you can raise concerns about wrongdoing in your workplace while protecting your rights and career.
Whistleblowing and the Law
Whistleblowing in the workplace involves reporting wrongdoing, illegal activities, or risks to the public interest. In the UK, whistleblowers are protected by law under the Public Interest Disclosure Act 1998 (PIDA), which is incorporated into the Employment Rights Act 1996. Here’s a step-by-step guide on how to make a whistleblowing claim and protect your rights:
What Qualifies as Whistleblowing?
You’re protected as a whistleblower if you report:
A criminal offence (e.g., fraud, theft, or violence).
A breach of legal obligations (e.g., health and safety violations).
Miscarriages of justice.
Endangerment of someone’s health and safety.
Damage to the environment.
Covering up any of the above.
The disclosure must be in the public interest, not just a personal grievance (e.g., a complaint about your own contract).
Steps to Make a Whistleblowing Claim
1. Raise the Concern Internally
Follow your employer’s whistleblowing policy: Many companies have a formal procedure for reporting concerns.
Report to the appropriate person: This could be your manager, HR, or a designated whistleblowing officer.
Put it in writing: Keep a record of your disclosure, including dates, times, and what you reported.
2. Report to a Prescribed Person or Body
If you don’t feel comfortable reporting internally or if your employer doesn’t address the issue, you can report to an external body, such as:
Health and Safety Executive (HSE) for safety issues.
Financial Conduct Authority (FCA) for financial misconduct.
Information Commissioner’s Office (ICO) for data protection breaches.
HM Revenue & Customs (HMRC) for tax evasion.
Check the UK government’s list of prescribed persons and bodies to find the right one for your concern.
3. Seek Legal Advice
If you’re unsure about how to proceed, consult an employment lawyer or contact Acas for free advice.
Ensure your disclosure qualifies for whistleblowing protection.
4. Make a Claim to an Employment Tribunal
If you face retaliation (e.g., dismissal, demotion, or harassment) after whistleblowing, you can take legal action:
Time limit: You must file a claim within 3 months less one day from the date of the detrimental act (e.g., dismissal).
Process:
Notify Acas to start Early Conciliation (a mandatory step to try to resolve the dispute without going to court).
If conciliation fails, submit a claim to the Employment Tribunal using the ET1 form.
Use our Whistleblowing in the Workplace Claim template to attach to the ET1.
Protections for Whistleblowers
Under PIDA, you’re protected from:
Unfair dismissal: If you’re fired for whistleblowing, you can claim unfair dismissal (even if you haven’t worked for the employer for 2 years).
Detrimental treatment: This includes bullying, demotion, or being overlooked for promotion.
Breach of confidentiality: Your employer cannot reveal your identity without your consent.
What to Include in Your Disclosure
When making a whistleblowing claim, ensure your disclosure:
Is made in good faith (you genuinely believe it’s true).
Is in the public interest.
Is based on reasonable grounds (you have evidence or a reasonable belief in the wrongdoing).
Evidence to Support Your Claim
Gather evidence to support your case, such as:
Emails, letters, or records of your disclosure.
Witness statements from colleagues.
Records of any retaliation (e.g., dismissal letters, demotion notices).
Where to Get Help
Acas Helpline: 0300 123 1100 (free advice on whistleblowing and employment rights).
Protect: A whistleblowing charity offering free, confidential advice: Protect.
Citizens Advice: Visit Citizens Advice for guidance.
Employment Lawyer: Seek legal advice if you’re considering a tribunal claim.
Key Points to Remember
Whistleblowing is protected by law, but you must follow the correct procedures.
Keep records of your disclosure and any retaliation.
Act quickly, as there are strict time limits for making a claim.
By taking these steps, you can raise concerns about wrongdoing in your workplace while protecting your rights and career.