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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.
What Our Clients Say
Mark Luby – Owner/CEO, European Braking Systems Limited
“I have consulted Ian Tranter at JMW on a number of occasions and have always received the legal guidance and the commercial perspective necessary to resolve the issue promptly and pragmatically. It is important for me to have trust in the judgement of our preferred professional advisers”.
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.
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?”
A team is as good as the captain who leads it
I started an unfair dismissal case having no experience in legal or employment matters at all. After couple of months in the case, I needed to change ship as my original solicitor estimated my chances of winning to 40% +. I was recommended to contact Liz Cotton at JMW Solicitors in Manchester. Liz immediately got the grip with my case and agreed to defend me. She warned me that there were some risks, cases are never straight forward, but I had more chances to win than to lose. Liz managed a professional team who each had a part to play in building up the defence strategy. Liz selected the perfect barrister to plead my case in front of the judge. He was detailed, in full knowledge of the case and so professional and meticulous that I would not have liked to be in the respondent’s shoes.
It is usually said that a team is as good as the captain who leads it, in this respect Liz has done a tremendous job. I sincerely thank the JMW team for the positive outcome of my case, they helped me to keep hope, remain persistent and resilient as such a journey is only made on a bumpy road.
Charlotte Beeley highly recommended by client
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.
Thanks & recommendation for Sarah Evans
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!
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'.
A big thank you for helping me
A thank you from Mrs P, Manchester
"I guess this now draws a line under what was a very unpleasant experience last summer. And a big thank you for helping me sort it all out. You have been very professional throughout and are a credit to your employers. I reckon you have a successful career ahead of you. "
Mrs P, Manchester
Positive feedback about Jennifer Smith
Positive feedback from a client that Jennifer Smith has just advised on a compromise agreement
"Thank you so much once again, you have turned an unpleasant experience into a positively pleasant one "
Satisfied Client, February 2012
Thank you for all your help
A testimonial regarding the employment team at JMW
"Thank you for all your help. I know it is not over yet, but I do appreciate all the help received by you, Claire and Ian in this matter. It has been a stressful time but JMW have been marvellous and helpful. I would also like to take this opportunity to thank you for your support and efforts and I will always recommend you to anyone who requires a solicitor."
Miss K, Lancashire
A testimonial for Jennifer Smith from a client
Her advice and communication were first class.
"Jennifer has just completed some work on my behalf to the highest standard. Her advice and communication were first class. She builds trust and confidence and really importantly listens. I am delighted to recommend Jennifer."
Satisfied client, December 2011
Jennifer Smith, Resilient and Tenacious
Jennifer Smith's client sent the following praise; 'One of the most cutting and stressful emotion that any human being goes through in a legal case is the stress suffered from knowing you are innocent but being unsure how to never lose that in any case presentation and dialogue.
The other party will use any predatorial fragmenting almost malicious, distractive methods to undermine and unfocus the justified claim. I found Jennifer was always there at hand through the whole journey and answering any and all queries I was going through at anytime of the day. She was a constant, solid, wise and balancing companion throughout my journey. I know we had an official client business relationship but I felt that she was my dear friend steadfast throughout the whole legal process. She was a kind and patient listening ear throughout my case and this cutting edge attention to detail and solid support throughout the whole process leaves me with no other emotion but deep gratitude. The final resolve in my favour was totally down to the resilience and tenacity of Jennifer, who after knowing that I was innocent stood by me to the final punch'.
JMW's employment team are of a high standard
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 was intuitive in the handling of the case
A testimonial for Jennifer Smith from a satisfied client:
"Jennifer was intuitive in the handling of the case, professional and experienced enough to be able to advise her client appropriately and - despite her youth - brought a wisdom to the case management that I was able to enjoy and admire. I was privileged to depend upon those qualities throughout the time the case was proceeding. Should the requirement be there again to engage such a professional, Jennifer would be my first choice."
Satisfied Client, February 2012
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.