6. What types of claim can be brought
[ch 6: page 35]This Chapter looks at the kinds of claim that can be brought in the employment tribunal to enforce rights under the Public Interest Disclosure Act 1998 (PIDA), who they can be brought against and the available defences. It also looks at the legal remedies for this type of claim and at some of the pitfalls facing workers who consider making this kind of claim.
There are two types of claim: whistleblowing dismissal, which is available only to employees, and whistleblowing detriment, which is available to all workers, including employees. The meaning of “worker” when used in this context is explained in Chapter 3. As always, early legal advice is essential. See Further information (page 55) for some sources of support.
Claims can be brought against the employer, agents of the employer acting with the employer’s authority and co-workers in the course of their employment.