Employee Dismissal After Whistleblowing: Is It Legal?
Reporting wrongdoing in the workplace can be a difficult decision. Whether it concerns illegal activity, health and safety risks or unethical behaviour, raising concerns, particularly about an employer, requires considerable courage. In legal terms, this is known as whistleblowing.
The law recognises the value of whistleblowers and provides specific protections for those who make disclosures in the public interest. However, despite these safeguards, individuals are sometimes dismissed after raising concerns. This article outlines what the law says about whistleblowing, the protection available to workers, and what steps can be taken if a dismissal occurs.
Legal protection for whistleblowers
The main law that protects whistleblowers in the UK is the Public Interest Disclosure Act 1998. It ensures that workers who make a qualifying disclosure are protected from being unfairly treated or dismissed as a result.
If you’re dismissed specifically because you blew the whistle, the dismissal is automatically unfair. This applies from day one of employment – there’s no minimum service requirement in these cases.
What counts as unfair treatment?
The law protects whistleblowers not just from dismissal, but from other forms of negative treatment too. This might include:
- being demoted or overlooked for promotion;
- receiving unfair disciplinary action;
- being excluded or bullied at work; or
- having your duties changed unfairly.
These are known legally as detriments. If you suffer a detriment because of your disclosure, you may have a legal claim, even if you weren’t dismissed.
What should you do if you’ve been dismissed?
If you think you’ve been dismissed for whistleblowing, it’s important to act quickly. There are strict time limits for bringing a claim, usually three months less one day from the date your employment ended.
You’ll usually need to go through Acas Early Conciliation before making a claim to the Employment Tribunal. It’s also wise to seek legal advice early, as these cases can be complex.
Can employers ever dismiss whistleblowers lawfully?
Yes, but only if the reason for dismissal is completely unrelated to the whistleblowing. Employers may try to argue that a dismissal was for performance or conduct reasons, but if the real reason is the protected disclosure, that would still be unlawful.
Employment Tribunals will look closely at the facts to determine the true motivation behind the dismissal.
In summary
Whistleblowers have strong legal protections, but enforcing your rights can be challenging, especially if you’re up against a well-resourced employer. That’s why it’s important to know where you stand legally and to get support as early as possible.
How we can help
If you believe you’ve been dismissed or treated unfairly for speaking up at work, our employment law team can help. We’re here to listen, guide you through your options and protect your rights. We usually offer a no-cost, no-obligation 20-minute introductory call as a starting point or, in some cases, if you would just like some initial advice and guidance, we will instead offer a one-hour fixed fee appointment (charged from £250 plus VAT to £350 plus VAT* depending on the complexity of the issues and seniority of the fee earner).
Please email wewillhelp@jonathanlea.net providing us with any relevant information ensuring that any call we have is as productive as possible or call us on 01444 708640. After this call, we can then email you a scope of work, fee estimate (or fixed fee quote if possible), and confirmation of any other points or information mentioned on the call.
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This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.