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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
You may be surprised to learn that, without realising it, you may be a whistleblower. If you are a manager, you could easily come across a situation in which you are expected to manage (or even dismiss) a whistleblower, without anyone warning you of the dangers.
In many cases, whistleblowing is a lot less obvious than you might expect, but it can have a significant impact on and ramifications for all those involved. Whistleblowing cases can result in high value settlement agreements and injunctive relief is available in some cases if you act early. Whistleblowing legislation also covers more than just employees.
Many clients come to us with what might superficially be regarded as a “vanilla” redundancy or termination of employment situation, only to find on closer scrutiny of the facts that they are in fact whistleblowers and may be entitled to significant compensation from their employers as a result of a detriment suffered or their dismissal.
On the flip side, many employers who come to us for advice do not realise that an individual raising concerns may in fact be a whistleblower. It is easy to feel a false sense of security that someone with less than two years’ service (the qualifying period for an ordinary unfair dismissal claim) and no obvious discrimination claims can be dismissed without any significant problems or liabilities. However, where an individual is a whistleblower, length of service is not a bar to bringing a whistleblowing claim and there is no statutory cap on damages that can be awarded (as there is in ordinary unfair dismissal cases).
Whistleblowing can be wrapped up in grievances or raised during meetings and presentations, so it can be easily missed.
How can you tell if you are, or someone is, a whistleblower?
Although every case will turn on its own facts, here are a few signs to look out for, or to follow if you wish to benefit from whistleblower protection in the UK:
What can employers do to reduce the risk?
Concluding thoughts
The unfortunate reality is that whistleblowers can sometimes be regarded as “difficult” employees, for calling out wrongdoing and abuses. However, they should not be and UK law and best practice works hard to protect whistleblowers. Whistleblowing can help organisations to improve and to root out hidden problems. It serves an important purpose, but if not dealt with properly and appropriately, can lead to very costly and serious issues.
For individuals who have been dismissed or are facing ill-treatment at work, it is well worth considering whether it might be linked to some form of whistleblowing.
It is important to take legal advice at the earliest opportunity if you suspect that you may be a whistleblower, or if you suspect that a member of staff may be a whistleblower.
If you have any questions or concerns about the content covered in this blog, please contact a member of the Employment Law team.
Francesca Lopez is a skilled employment lawyer, with extensive experience acting on both sides of the negotiating table. From recruitment to termination, she handles the full spectrum of employment law matters, advising clients in a variety of sectors including but not limited to legal, financial and other professional services, technology, education, medicine, aviation and defence. She has a particular interest in acting for regulated clients.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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