Types of whistleblowing claim

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

  • Types of whistleblowing claim
  • Unfair dismissal
  • Detriment
  • Detriment
  • Linking detriment to an act or omission
  • Linking the act or omission to the protected disclosure
  • Guidelines for employment tribunals
  • Detriment by co-worker or agent of employer
  • Time limits for unfair dismissal claims
  • Time limits for detriment claims
  • More...

Types of whistleblowing claim

There are three types of whistleblowing claim:

  1. unfair dismissal claims by employees where it is alleged that the reason or principal reason for dismissal is that the employee made a protected disclosure. Only employees may bring such claims. Employees complaining about dismissal for whistleblowing may not claim under the section 47B workers' detriment provisions. Employees dismissed for whistleblowing reasons will be automatically unfairly dismissed (see Practice Note: Automatically unfair reasons). See Unfair dismissal below for further details

  2. claims by workers (see Practice Note: Entitlement to claim whistleblowing) that they have been subjected to any detriment by any act or omission by their employer on the ground that they made a protected disclosure. Dismissal is a detriment but only workers who are not employees may claim about dismissal on whistleblowing grounds under these provisions. Unlike employees, workers cannot get an order for reinstatement or re-engagement (see Practice Note: Unfair dismissal remedies—general). See Detriment below for further details

  3. claims by workers (see Practice Note: Entitlement to claim whistleblowing) that they have been subjected to any detriment by any act or omission by a co-worker or an agent of their employer on the ground that they made a protected disclosure. Dismissal is a detriment and, in respect of claims against co-workers or agents, all workers (including those who are employees) may claim about dismissal

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