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Whistleblower Compensation Solicitors - Employment Lawyers
The term 'whistleblower' refers to a person (usually an insider) who discloses unsavoury information about a public or private company, an organisation, an authority or a government. The term whistleblower is interchangeable with the terms 'whistle blower' and 'whistle-blower' in that they all refer to the same thing. Most businesses and organisations expect employees to keep quiet about their dirty little secrets and in the past employees were often fired immediately with little recourse to the courts especially if disclosure of private information was in breach of their contract of employment. It became a scandal that a whistleblower whilst providing a much appreciated public service was nevertheless heavily penalised financially for their public spirited attitude in so far as they usually lost their job and often found it impossible to get employment in the same industry due the rumour mill usually correctly identifying them as a disloyal employee. Most whistleblowers faced serious reprisals from employers with many being threatened that they would never work in the same industry again which caused many governments to look at protective legislation to ensure that whistle blowers continued to come forward and 'out' wayward practices which were in many cases were at best unlawful and were often also illegal. If you have any concerns about whether or not you should become involved in whistle blower activity, an employment compensation claim solicitor will be able to advise you. If you need assistance from specialist employment law solicitors just call the helpline.
Public Interest Disclosure Act 1998
- 'This is an Act intended to protect individuals who make certain disclosures of information in the public interest and to allow such individuals to bring action in respect of victimisation......'
What this means is that a whistle blower is protected and can instruct an unfair dismissal compensation claim solicitor to take action in the Employment Tribunal for compensation and/or an order for reinstatement if they have already been dismissed from their employment. Victimisation occurs when a whistleblower has disclosed information that is likely to result in legal action and is then threatened or intimidated about their part in the action often with the intention of forcing the witness to withdraw their potential testamentary evidence upon clandestine threat of loss of employment or reduced prospects of promotion. The whole concept of victimisation is insidious and has the effect of covering up wrongs that need to be righted usually in the public interest. The legislation also covers other acts by the employer falling short of dismissal, if those acts are detrimental to the prospects of the whistle blower. If you need legal advice on the whistle blower legislation, an employment compensation claim solicitor will be able to advise you. If you need assistance just call the helpline or email our solicitors office.
A whistle blower is protected (except in the case of Official Secrets) in the following circumstances provided that the whistle blower has a reasonable belief of the truth of the allegation and that the disclosures are made to persons authorised to receive them under the Act :-
- that a criminal offence has been committed, is being committed or is likely to be committed
- that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject
- that a miscarriage of justice has occurred, is occurring or is likely to occur
- that the health or safety of any individual has been, is being or is likely to be endangered
- that the environment has been, is being or is likely to be damaged
- that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed
Our specialist employment solicitors offer free advice without further obligation to establish whether or not you have a viable claim and they will attempt to assess the potential value of your claim at an early stage. If you would like to speak to an employment solicitor just use the helpline or email our offices. It should be noted that there are very tight time limits in regards to applications made to the Employment Tribunal. An application must be made within three months of the last incident leaving very little time to prepare a legal case. If you have been disciplined as a result of whistle blower activity you should contact an employment solicitor as soon as possible.