There are three types of whistleblowing claim:
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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 Employment Rights Act 1996 (ERA 1996) 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
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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 directly against their employer 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
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claims by workers (see Practice Note: Entitlement to claim whistleblowing)
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Whistleblowing definition
What does Whistleblowing mean?
workers are protected against retaliatory dismissal or detrimental treatment where they make a 'protected disclosure' to the employer or to some other prescribed person. It must be a disclosure of information which the worker reasonably believes is made in the public interest and tends to show certain types of wrongdoing.
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