How are unfair dismissal and whistleblowing protection linked?

Whistleblowing legislation was introduced with the Public Interest Disclosure Act 1998 which introduced new provisions into the Employment Rights Act 1996. The Act stops workers being treated less favourably as a result of disclosing information about their employers. This information could be about dangers to the environment or health and safety, information on crimes being committed, breaches of legal obligation and so on. Before you become a whistleblower you should consult an employment law solicitor to ensure you follow employment law to ensure your rights are fully protected.

The aim of the legislation was to allow employees and workers the right make disclosure on bad practice without fear of losing their job or suffering detriment. If you want to make a disclosure it is important that you are acting in good faith and have reasonable grounds for believing that the information you are disclosing relates to a reason specified in the Whistleblowing legislation. If you are unsure of whether or not you are protected, talk to an employment law solicitor about your proposed actions.

If you are unfairly dismissed because of whistleblowing, then this is an automatically unfair dismissal. Automatic unfair dismissal in relation to whistleblowing means that if you have made a disclosure protected under the relevant legislation and you have been dismissed, it is for your employer to show this was not the reason for the dismissal. The employer cannot justify dismissal as a result of whistleblowing. In these cases, unfair dismissal solicitors should be consulted.

In addition, if you want to make a claim for unfair dismissal because of whistleblowing, you should contact an employment law solicitor who can help you prepare the necessary documents to bring a claim in the employment tribunal. In relation to automatically unfair dismissals, an employee is not required to have a minimum term of service with the firm. Awards from an employment tribunal are usually limited. However, in relation to whistleblowing, the damages that a tribunal can award are unlimited.

In some instances, namely in relation to health and safety, there is a duty on employees to inform employers or relevant bodies where there is serious risk, or immediate danger. If you are worried about the consequences of your actions in relation to whistleblowing, an employment law solicitor can give you information on your legal position and the protection you are entitled to under the law.