We are Whistleblowing Solicitors and Protected Disclosure Solicitors in London:
‘Protected Disclosures’ under the Public Interest Disclosure Act (incorporated into the Employment Rights Act 1996 at s43 is commonly known as ‘Whistleblowing’ which means any disclosure of information which, in the reasonable belief of the worker shows—
- 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, or
- 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.
The disclosure must be in the public interest, and the employee should normally have a genuine belief in the disclosure made.
It is unlawful to subject an employee to a detriment as a result of making a protected disclosure or to dismiss the employee as a result of making a protected disclosure.
Normally employees cannot claim unfair dismissal if they have less than two years service. However if they are dismissed as a result of making a Protected Disclosure, they don’t need two years service and can claim Automatic Unfair Dismissal.
Contact us today to discuss this further.