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Victimisation following Whistleblowing
If you have been dismissed from or victimised at work after revealing incidences of wrongdoing in your workplace - otherwise known as whistleblowing - the employment team at JMW can help. We are highly experienced in complex cases of this type and can provide the expert representation you need in order to help you successfully defend your corner.
For more information about our services and how we can help with your whistleblowing defence, contact us today. Simply call us on 0345 872 6666 or complete our online enquiry form and a member of the team will give you a call back to discuss your situation in more detail.
Whistleblowing is the term used to describe when an employee reveals information about illegal working practices in their workplace or former workplace. Unscrupulous working practices might include:
- Making employees work in poor or unsuitable conditions
- Cutting corners with regard to health and safety
- Keeping fraudulent finances
- Covering up a criminal offence
While those who 'blow the whistle' are generally displaying better behaviour than those whose wrongdoing they are uncovering, this does not mean that uncovering bad working practices isn't without its risk - whistleblowers are often persecuted or victimised following their decisions, and they are vulnerable to unfair dismissal.
It is therefore important that if you have been accused of whistleblowing and believe this has resulted in you being treated unfairly at work, you are able to access expert legal help that can advise you of the next steps you need to take.
Working practices flagged up by whistleblowing are generally illegal, dangerous, or both. The danger could be to employees, members of the public, or the reputation of a company. Examples of issues often revealed through employee whistleblowing include:
- Criminal offences
- Dangerous working practices
- Employing illegal workers/untrained staff
- Covering up wrongdoing
As an example, an employee of a hospital may blow the whistle on working practices that are putting the health of patients at risk. This could include poor cleaning standards, or something as serious as abuse.
Blowing the whistle is not simply making a complaint and if there are issues at your work that you feel could lead to serious injury or other problems, you should not feel as though you are betraying your employer by flagging them up.
If you want to blow the whistle on illegal, dangerous or unsavoury working practices, you should ensure you disclose your information to a designated prescribed person to ensure employee rights remain in place.
A prescribed person could be the Health and Safety Executive or another regulatory body.
In certain situations, employees may feel they have no choice but to report illegal working practices to the police.
You cannot be dismissed from work because of whistleblowing. If this happens, you can make a claim for unfair dismissal, as long as you blew the whistle because:
- The health or safety of employees or the general public is at risk
- A criminal offence is being committed
- Wrongdoing is being covered up
- Damage to the environment is a risk
- A law is being broken
If you have been unfairly victimised or dismissed from your role after whistleblowing for genuine reasons, you are protected by law and can bring a case. To start the process it is highly recommended that you speak to an expert legal team to find out more about the options available to you and the steps you should take next.
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A testimonial from Mr V about JMW's employment team
"The employment team at JMW are of a high standard, approachable and easy to communicate with and a credit to the company "
Jennifer Smith, Calm and Focused
Jennifer's client said the following kind words following a six figure settlement; 'My case was a complex matter with several complicating factors, however with Jennifer acting on my behalf I felt confident throughout that we would achieve a successful outcome.
Her professional approach and understanding of the issues was truly incredible. She has an amazing ability to keep calm and focused and her friendly and caring attitude with me made a difficult process easier to deal with. She kept me fully informed and updated throughout and constantly reassured me along the way. The successful outcome of my case was achieved due to Jennifer's hard work and dedication and I will always remain grateful that Jennifer was my acting Solicitor'.
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I wanted to thank you again for all your assistance, rest assured you will be highly recommended should I hear of anyone needing your services!
Sarah Evans was recommended to me as a person who could help me with a situation I found myself in with my employer of 23 years.
Sarah Evans was recommended to me as a person who could help me with a situation I found myself in with my employer of 23 years. From the first conversation I had with Sarah I felt guided, supported and was kept fully across the legal process that we went through.
Most importantly for me was Sarah's ability to always be contactable, an important point for me when surprises dropped in on the process along the way. Sarah would explain and react accordingly, putting myself at ease in a very new and sometimes emotionally challenging situation.
Sarah's empathy, knowledge, experience and resilience are second to none and I have already recommended her to friends and colleagues in need of her expertise.
Mark Luby – Owner/CEO, European Braking Systems Limited
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Martin E Fishwick FRICS, Senior Partner, Jordan Fishwick Group
“With reference to JMW’s assistance and support in recent employment issues we like JMW’s realistic approach to the resolution of employment disputes.
We don’t have many but when we do, Ian Tranter invariably comes up with a few sensible alternatives to sort them out, as well as anticipating potential pitfalls in the future to enable us to take the appropriate preventative steps.
Very commercial and practical, I have recommended Ian across the Jordan Fishwick Group as well as outside it.”
Nigel Newton, Managing Director, Clark Telecom
“Some years ago I was involved in a tricky employment law situation and Ian Tranter provided me with invaluable advice and support that was legally strong and commercially sensible. I am still using Ian, and the JMW Employment Team, to advise my own company through its current challenges. They are clear, concise and commercial, with impressive service levels – what more could I ask for?”
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I required the services of an employment solicitor and I could not recommend JMW, in particular Charlotte Beeley highly enough. She is wonderful on the phone, quick with e-mail responses and quick to return calls. She was extremely empathetic of my situation and her professionalism was second to none. Highly recommend.
The employment team at JMW has the experience and skill to help you in your whistleblowing case, providing the support and guidance you need at what can be a particularly challenging time. We understand the complex and unique situation you will find yourself in, especially when feeling as though you have been victimised for speaking up about wrongdoing.
We are known for our client-focused approach and will always put you first, ensuring you have all of the information and support you need and protecting your best interests from start to finish.
It may be that your employer will try to defend their actions by suggesting they treated you in such a way for another reason than what you claim, such as your performance or conduct. We will fight your corner to counter any such allegations and help you build the strongest case possible.