What Is Whistleblowing And Are You Protected?

You’re a whistleblower if you report certain types of wrongdoing. However, how can you report this wrongdoing? How can you protect yourself against a backlash? In this article, our solicitors outline everything you need to know.

For more information, please visit our employment page. Furthermore, if you want to contact a solicitor today, please call us directly on 0203 007 5500.

What is a whistleblower?

A whistleblower is someone who reports an act of wrongdoing within an organisation. For something to be classed as wrongdoing, the action must affect others, such as the general public.

Common examples of wrongdoing within an organisation include:

• Criminal activity, for example, fraud
• Health and safety issues
• Environmental damage
• A miscarriage of justice. This is where someone has been punished for a crime they haven’t committed.
• The company breaking the law. For example, the company not having the right insurance.

Personal grievance complaints, such as discrimination, bullying and harassment, don’t fall under whistleblowing law. However, there may be exceptions if the case is of public interest.

Examples of whistleblowing.

Some examples of where an employee can whistleblow are as follows:

Example 1

An employee at a construction company has been regularly fly-tipping their waste on roadsides and rivers to save time. Some of this waste contains very harmful materials such as asbestos which is damaging to the environment.

Example 2

A local restaurant has been falsifying company invoices to launder money that has come from illegal activities.

Example 3

A commercial airline company has been purchasing cheap old planes to maximise profit margins. However, some of the planes are producing faults that are sparking safety concerns.

How can I report any wrongdoings?

If you want to report any wrongdoing, you can tell your employer about your concerns. However, in some cases, your employer may not take your matter seriously, or the misconduct may continue. In that case, it’s best to contact a solicitor to discuss your options in bringing your claim forward.

You can also report wrongdoings anonymously. However, suppose you were to report any wrongdoing anonymously. In that case, you run the risk of your claim not being taken any further in circumstances where you fail to provide all the necessary information.

Furthermore, reporting wrongdoing anonymously makes it difficult for the whistleblowing policy to protect you. When an accusation is anonymous, it’s hard to prove that you’ve been dismissed or victimised because of reporting the behaviour.

Whistleblower policy.

If you’re concerned about the consequences of whistleblowing, don’t worry. Whistleblowers are protected by the law, meaning you can’t be dismissed from your job or mistreated for ‘blowing the whistle’. This policy is in place to encourage employees to raise any serious concerns about a company.

However, to be protected, you must be one of the following:

• An employee, such as an office worker or factory worker
• A trainee, such as a student
• A Limited Liability Partnership (LLP) member. An LLP is a partnership in which some or all partners have limited liabilities
• An agency worker

What if I’ve been unfairly treated for whistleblowing?

If, after whistleblowing, your employer unfairly dismisses you, you can make a claim to the employment tribunal. Although, if you want to claim to the employment tribunal you must act fast as you only have three months from the date of the incident to bring a claim. Furthermore, you must also notify Acas (advisory, conciliation and arbitration service) before making a claim.

What happens if a whistleblower is wrong?

If a whistleblower’s allegation is wrong, what happens to the whistleblower depends on whether they had reasonable belief to make the accusation or whether they acted in bad faith.

Reasonable belief

If the whistleblower had a reasonable belief of wrongdoing, there should be no further action against them. Therefore, if the employee had a good cause to make an accusation and it was wrong, they are protected against being dismissed or victimised because of their actions.

Acting in bad faith

However, if the whistleblower deliberately makes a false allegation, they can be liable for the damages the allegation has caused. In this circumstance, the action taken against the whistleblower will depend on the seriousness of the allegation and its impact on others regarding financial damage or harm to reputation.

For example, an employer may decide to take disciplinary action against the whistleblower, such as a verbal warning. However, in more serious circumstances, an employer may choose to make a civil claim against the whistleblower.