Whistleblowing
[ch 5: page 64]Dismissing an individual for making a protected disclosure (“blowing the whistle”) about alleged wrongdoing at work is automatically unfair. Even if the employee later turns out to have been mistaken, provided they had a reasonable belief they will be protected (Babula v Waltham Forest College [2007] EWCA Civ 174).
To be protected, the disclosure must be made “in the public interest”. This new public interest test was added in 2013. At the same time, the law was changed so that it is no longer necessary to demonstrate “good faith” in order to bring a claim. A claim can now be brought even if the whistleblower is motivated by malice. However, an absence of good faith can result in compensation being cut by up to 25%.
Interim relief is available for whistleblowing claims. A claim for interim relief must be brought within seven days.
The Public Interest Disclosure Act 1998 (PIDA), which regulates whistleblowing, contains complicated rules on who is protected and who to disclose the information to. Anyone considering “blowing the whistle” should first get some expert confidential advice. One of the best sources is expert charity Public Concern at Work (www.pcaw.org.uk). They operate a Whistleblowing Advice Line: 020 7404 6609.
Compensation in whistleblowing cases can include an award for injury to feelings.