Whistleblowing

Whistleblowing Rights & Protections

The law protects employees who report wrongdoing. Under the Employment Rights Act 1996, a whistleblower is – in the technical language of the statute – someone who makes a “qualifying disclosure”. If they are treated unfavourably (“a detriment”) because they have made a qualifying disclosure, they can make a claim in the Employment Tribunal.

A person makes a “qualifying disclosure” if they disclose information in the public interest, which they reasonably believe shows that a certain wrongdoing has occurred. The wrongdoing may be a criminal offence, an unlawful act, health and safety risk, or environmental damage. The disclosure must go beyond a purely personal grievance; matters of personal grievance are generally dealt with under other areas of employment law, such as discrimination.

Owing to their very nature, whistleblowing claims are often made by professional people working in regulated professions, such as NHS doctors and nurses, and those working in financial services or banking.

The Employment Tribunal has the power to award compensation to whistleblowers. The amount of compensation awarded in whistleblowing cases can be significantly higher than for other types of Employment Tribunal claim such as unfair dismissal or discrimination.

How We Can Help

If you are involved in a whistleblowing dispute, we can provide full or specific services depending on your needs, including:

• Strategic Advice: we can advise you on the strength of your potential claim and on procedural matters.
• Settlement Negotiations: we can help you to try and settle the matter by drafting a settlement offer letter to your employer.
• Drafting Documents: we can draft documents, such as your Employment Tribunal Particulars of Claim (ET1) and witness statements.
• Tribunal Representation: we can represent you at Employment Tribunal and Employment Appeal Tribunal (EAT) hearings.
• Post-Hearing Support: if your claim is successful, we can assist with remedy (compensation) hearings. If your claim is unsuccessful, we can assist with appealing to the Employment Appeal Tribunal on a point of law, if appropriate.

Why Instruct Demstone Chambers

• Specialist barristers with extensive experience in employment law
• Direct access – no solicitor needed
• Flexible appointments, including evenings and weekends
• Virtual meetings where needed
• Clear and realistic advice on likely outcomes
• Cost-effective and tailored support

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