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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.
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.