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Gorvins Solicitors Employment team offer specialist legal advice and support on whistleblowing. This is when you feel compelled to speak out about an issue, which you feel isn’t being properly addressed, and which you feel has implications for the way your employer operates.

As experts in whistleblowing cases, we have a vast amount of experience representing individual whistleblowers in cases across a range of sectors, including public sector and the NHS.

Contact our expert employment law team on 0343 507 5151, e-mail employmentteam@gorvins.com or fill in our online form and we will call you back.

Circumstances when ‘blowing the whistle’ is necessary

The law regulating whistleblowing under the ‘Public Interest Disclosure Act’ (PIDA) is complex but it recognises that certain types of potentially sensitive and damaging information about an employer and its operating practices should be disclosed without the person making the disclosure saving any negative consequences for acting in the public interest. The subject matter of such disclaimers could include:

  • A criminal offence being committed
  • The employer’s legal obligations not being complied with
  • A miscarriage of justice
  • Someone’s physical health and safety being put at risk
  • Damage being caused to the environment

A worker may also claim protection under the law if they believe actions have been taken to deliberately cover up any of the above.

Am I eligible for protection if I raise any concerns?

You should be free to raise any concerns about the work you, your colleagues or your employer does, provided you raise your concerns in the right way, as outlined above.
In order to qualify for legal protection when raising your issues, you should hold one of the following forms of status with the organisation in question:

  • An employee
  • An agency worker
  • Undergoing training with the employer, but not employed by them
  • Self-employed, if you are supervised by or working off-site for a particular company

Specific protections are also given to workers in schools or sixth form colleges, and people such as GPs and dentists, who have contracts with the NHS.

Being sure to make disclosures in the right way

A number of criteria have to be met for a whistleblower to be afforded protection by law, such as:

  • Making a disclosure in good faith
  • Reasonably believing the information in the disclosure to be true
  • Taking all reasonable steps to disclose it to the right ‘prescribed person’

A disclosure may be made to someone other than your employer, but there are narrow limits on who can receive the relevant information, to ensure that you preserve your legal rights and protections.
An employer’s terms and conditions of employment or handbook/policies will usually lay down procedures for raising any complaints or concerns, so an employee with any concerns should always be aware of the internal channels through which they must be raised in the first instance.

Take professional advice from longstanding experts

The law recognises the overriding public interest in workers having the confidence to be able to speak out freely if they encounter mal practice within their working life.
If you find yourself in such a position, you will also want the reassurance of knowing that your grievance or concerns are being taken seriously, and treated with the right degree of urgency.
Our specialists in employment law can help ensure that your concerns are framed in such a way which give you the best chance of being treated properly. We will also provide you with ongoing support and advice once you have raised your concerns, and we can be there for you to advise you on your rights and remedies if your employer finds to extend the appropriate level of protection to you.

How can Gorvins help?

Offering honest and impartial advice to individuals who find themselves in what they often perceive as being impossible politics relating to Whistleblowing in the workplace has meant that we have significant experience in this highly complex area of the law. We aim to clearly outline your rights and responsibilities, so that you can feel confident in raising any issues and standing up for what you feel is right.

Contact the Employment Law team today

Contact us, either by email at employmentteam@gorvins.com or on 0343 507 5151, to arrange a consultation to discuss the best way to take your concerns forward, and find out how we can support you in doing so, or take action in circumstances in which you feel you have suffered unfair treatment by an employer about whom you have blown the whistle.

Let us contact you

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