Entitlement to claim whistleblowing

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Entitlement to claim whistleblowing
  • Qualifying period
  • Included persons: the extended definition of 'worker'
  • Agency workers
  • Judicial office-holders
  • Public sector workers
  • Claims by job applicants for work with NHS employers
  • Post-termination claims
  • Protected disclosure made in previous employment
  • Crown employment
  • More...

Entitlement to claim whistleblowing

This Practice Note considers the entitlement of workers to bring claims in respect of whistleblowing when they have suffered detriment and/or dismissal because of making a protected disclosure. It looks at the extended definition of worker in this context and those who are excluded from bringing such claims. It also considers claims made as a result of detriment/dismissal because of a protected disclosure made in a previous job.

Qualifying period

There is no qualifying period of employment required to bring a whistleblowing claim.

Included persons: the extended definition of 'worker'

All workers have the right to bring a claim in relation to any detriment suffered because of any act or omission by their employer, done on the ground that the complainant made a protected disclosure. 'Worker' in this context has an extended definition.

Under section 230(3) of the Employment Rights Act 1996 (ERA 1996), a worker is any individual who:

  1. has entered into, works under or used to work under a contract of employment or any other contract (whether express or implied, oral or in writing), under which the individual

  2. will personally carry out work or service for any other party, as long as that party is not a client or customer of any business/profession run by the individual

For further information, see Practice Note: Worker status.

The following may fall within the definition of worker for the

Popular documents