Dismissal and Whistleblowing

Dismissal for whistleblowing is automatically unfair, giving significant protection to employees who report wrongdoing.

What Is Whistleblowing?

Legal Definition

Whistleblowing means making a "protected disclosure" about:

• Criminal offences
• Breach of legal obligations
• Miscarriages of justice
• Health and safety dangers
• Environmental damage
• Deliberate concealment of any of the above

Not Whistleblowing

These don't qualify:

Not Protected	Why
Personal grievances	Not public interest
Breach of contract only	Must be legal obligation
Disagreement with decisions	Not wrongdoing
Confidential information	Without wrongdoing element

Protected Disclosures

Requirements

For protection, disclosure must be:

1. Qualifying - about one of the listed matters
2. Reasonable belief - you believe it's true
3. Public interest - not purely personal
4. Properly made - to appropriate person

Reasonable Belief

You must reasonably believe:

• The information is substantially true
• It shows relevant wrongdoing
• Disclosure is in public interest

You don't need to be right - belief must be reasonable.

Public Interest

Has Public Interest	Lacks Public Interest
Affects multiple workers	Personal contract dispute
Public safety concern	Individual pay grievance
Regulatory compliance	Personal grudge
Taxpayer money	Private disagreement

Who to Disclose To

Safe Recipients

Recipient	When Appropriate
Employer	Usually first port of call
Legal adviser	Getting legal advice
Prescribed person	Relevant regulator
Government minister	Crown employees

Prescribed Persons

Regulators designated to receive disclosures:

• Health and Safety Executive
• Financial Conduct Authority
• Care Quality Commission
• Information Commissioner
• Environment Agency
• Many others depending on sector

Wider Disclosure

Can disclose more broadly (media, etc.) if:

• Already disclosed to employer/regulator, or
• Believe evidence will be destroyed, or
• Believe will be victimised
• AND disclosure is reasonable

Protection from Dismissal

Automatically Unfair

Dismissal is automatically unfair if:

• Main or sole reason is protected disclosure
• No minimum service required
• No cap on compensation
• Burden shifts to employer

What's Protected

Protected	Not Protected
Making the disclosure	Manner of disclosure (sometimes)
Raising concerns	Separate misconduct
Refusing to participate	Actions beyond disclosure
Giving evidence

Detriment Short of Dismissal

Also protected from:

• Demotion
• Loss of opportunities
• Harassment
• Denial of promotion
• Poor references

Making a Claim

Tribunal Claims

For dismissal:

• Unfair dismissal claim
• No qualifying service needed
• Three-month time limit (less one day)
• ACAS early conciliation first

Burden of Proof

• Employee shows protected disclosure made
• Shows dismissal occurred
• Employer must show different reason
• If can't, tribunal likely to find whistleblowing dismissal

Compensation

Element	Amount
Basic award	Standard calculation
Compensatory award	No cap
Future loss	Can be substantial
Injury to feelings	Where appropriate

Evidence and Proof

What You Need

Evidence that:

• You made a disclosure
• It was protected (qualifying + public interest)
• You were dismissed
• Timing and circumstances suggest connection

Helpful Evidence

• Copy of disclosure (emails, letters)
• Dates of disclosure and dismissal
• Reaction to disclosure
• Treatment after disclosing
• Comparator evidence (how others treated)
• Stated reasons for dismissal

Proving the Link

Tribunal considers:

• Timing (disclosure then dismissal)
• Treatment before and after
• Employer's explanations
• Whether reason makes sense
• Consistency with other cases

Employer Defences

Genuine Alternative Reason

Employer may argue:

• Redundancy (genuine)
• Misconduct (separate from disclosure)
• Capability (unrelated to whistleblowing)
• Some other substantial reason

Manner of Disclosure

Employer might argue:

• How you disclosed was unreasonable
• You breached confidentiality unnecessarily
• You were malicious, not concerned

(But these defences are difficult where disclosure was appropriate)

Practical Guidance

Before Disclosing

Consider:

• What wrongdoing are you reporting?
• Is it a qualifying matter?
• Do you have evidence?
• Who should you tell first?
• Have you documented everything?

Making the Disclosure

Do	Don't
Put it in writing	Verbal only (hard to prove)
Be specific about concerns	Be vague
Reference "protected disclosure"	Assume they'll know
Keep copies	Delete evidence
Use internal channels first	Go public immediately

After Disclosing

• Document any changes in treatment
• Keep notes of conversations
• Report any victimisation
• Seek legal advice early
• Consider union support

Settlement

Negotiating Exit

May be able to negotiate:

• Enhanced exit package
• Reference agreed
• Confidentiality (but can't be silenced on wrongdoing)
• Legal fees contribution

What Can't Be Restricted

Settlement agreements cannot:

• Prevent reporting to regulators
• Stop cooperation with authorities
• Silence future protected disclosures
• Create penalties for whistleblowing

Special Situations

Interim Relief

You can apply for interim relief:

• Within 7 days of dismissal
• Tribunal can order reinstatement pending hearing
• Or order continued pay
• Rapid hearing

Workers (Not Just Employees)

Protection extends to:

• Employees
• Agency workers
• Contractors in some circumstances
• Trainees

After Employment

Still protected if:

• Disclosure relates to former employment
• Victimisation occurs after leaving

Common Scenarios

Scenario 1: Health and Safety

You report unsafe conditions. Employer dismisses for "poor attitude."

• Likely protected disclosure
• Timing suspicious
• Stated reason may be pretext
• Strong case for unfair dismissal

Scenario 2: Financial Irregularities

You report suspected fraud to your manager. Made redundant shortly after.

• Protected disclosure
• Redundancy must be genuine
• Tribunal will scrutinise selection
• May be automatically unfair

Scenario 3: Regulatory Breach

You report to regulator after employer ignores concerns. Dismissed for "breach of confidentiality."

• Disclosure to prescribed person protected
• Confidentiality not breached if proper disclosure
• Dismissal likely automatically unfair

Key Points

Your Rights

• No qualifying service needed
• Protection from dismissal and detriment
• Can disclose to employer or regulator
• Uncapped compensation
• Interim relief available

Protecting Yourself

• Document the wrongdoing
• Make disclosure in writing
• Keep copies of everything
• Note changes in treatment
• Seek advice early
• Know your rights