Is a whistleblowing claim appropriate?
[ch 2: page 12]In general terms, “whistleblowing” is about witnessing and reporting on concerns about specific types of wrongdoing at work in the public interest. As whistleblowing charity Protect says, it is about being a witness to wrongdoing and a messenger about it, rather than a victim of it. In most cases, a whistleblower has no personal interest in the outcome. Careful legal advice is essential before bringing any claim. There is often another statutory right on which to rely, which is more suitable for the claim, especially if the detriment or dismissal relates to union membership or activities, or to issues of equality, safety or working time.
Whistleblowing claims are very hard to prove and a weak claim carries the risk of being ordered to pay the employer’s legal costs, which can be very substantial.
There is more information about bringing whistleblowing claims in Chapter 6.