Whistleblowing

The Employment Rights Act 1996 (ERA) seeks to protect workers that have “blown the whistle.”

A worker only qualifies for this protection if they have made a “protected disclosure.”

The key protection under the ERA is:

– Section 103A, it is automatically unfair to dismiss an employee for making a protected disclosure.

– Section 47B, a worker must not be subjected to any “detriment” for making a protected disclosure.

– Section 43J, any clause in a worker’s contract which purports to preclude the making of a protected disclosure will be void. Therefore, the making of a protected disclosure will not be a breach of contract.

Where the above may appear straightforward (this is only a snapshot of the relevant law), whistleblowing claims can be very complicated.

For example, do you have a whistleblowing policy? If you think someone has blown the whistle, or you need to defend a whistleblowing claim, then get in touch.