Workers have the right not to be subjected to detriment or dismissed as a result of making a protected disclosure. A protected disclosure is, in broad terms, any disclosure of information which is made in good faith and is made showing that:
(a) a criminal offence has been committed, is being committed, or is likely to be committed
(b) that a person has failed, is failing, or is likely to fail to comply with any legal obligation to which he is subject
(c) that miscarriage of justice has occurred, is occurring or is likely to occur
(d) that the health or safety of any individual has been, is being or is likely to be endangered
(e) that the environment has been, is being or is likely to be damaged or
(f) that information tending to show any of the above has been, is being or is likely to be deliberately concealed.
There are detailed rules governing in what circumstances a worker can make a disclosure and to whom.
If you are contemplating making a disclosure or blowing the whistle on conduct within your organisation or you are being disadvantaged or victimised as a result of having done so or you have been dismissed, then please contact us for expert advice.
Case Study
Steve works for a financial services firm. He knows that the firm are not abiding by the FSA Rule Book. He tells the FSA and he mentions that he has done so to a colleague in an e-mail in which he also describes his manager as a muppet. This comes to the attention of the directors who ostracise and side line him. He is overlooked for promotion. What should Steve do?
Steve calls Simcocks for expert advice and a claim for detriment or constructive dismissal is considered.
For all of these, and many other day to day employment issues, please contact Chris for specialist advice.
