Whistleblowing Solicitors

Speaking out against wrongdoing at work takes courage. Whether you are an employee who has been victimised for making a protected disclosure, or an employer needing to navigate this complex area of law, our specialist SRA-regulated solicitors are here to protect you.

Expert Guidance for Whistleblowers and Employers

Whistleblowing law is complex and protects both the individual making the disclosure and the employer who acts on it correctly. Please select your position below.

Your Legal Protections as a Whistleblower

To be protected by law, your disclosure must be a 'Protected Disclosure'. This means you must have a reasonable belief that wrongdoing is occurring in the public interest. This can include:

A criminal offence
A breach of a legal obligation
A miscarriage of justice
Danger to health and safety
Damage to the environment
Covering up any of the above

If you make a protected disclosure, you are legally protected from being dismissed or suffering any detriment (e.g., being demoted or victimised) as a result.

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Managing Your Legal Obligations

As an employer, you have a duty to take any whistleblowing disclosure seriously and to protect the person making it from any form of victimisation. A failure to do so can result in costly and reputationally damaging Employment Tribunal claims.

Whistleblowing Policies: We can draft a legally compliant policy to ensure disclosures are handled correctly.
Investigations: We can advise on how to conduct a fair and impartial investigation into a protected disclosure.
Defending Claims: We provide robust legal representation to defend your business against claims of unfair dismissal or detriment.

An employer receiving expert legal advice on handling a whistleblowing disclosure

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Real UK Case Study: Whistleblowing & Unfair Dismissal

Royal Mail Group Ltd v Jhuti [2019]

The Situation: Ms Jhuti made protected disclosures to her line manager about potential breaches of regulatory rules. The line manager, instead of investigating, bullied and harassed her and set her an unachievable performance plan.

The Problem: A different, unaware manager, acting on the false performance data, dismissed Ms Jhuti for poor performance. The employer argued that the dismissing manager's decision was fair as they were unaware of the whistleblowing.

The Outcome: The UK Supreme Court ruled that the real reason for the dismissal was the protected disclosure. The original manager's malicious motives were attributed to the employer, making the dismissal automatically unfair. This was a landmark victory for whistleblowers.

What this means for you: The court will look beyond the surface to find the true reason for your dismissal. If you have been managed out or dismissed after raising a serious concern, our solicitors can help you build a robust case.

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"The advice and support I received was excellent, professional and helped me through a very difficult situation... I have no hesitation in recommending their services for any employment dispute."

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"As a small business, dealing with a complex employee issue was daunting. Wildlings provided clear advice on our legal obligations and helped us manage the process fairly and correctly. Their guidance was invaluable."

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Your Questions About Whistleblowing

For Employees

What if I'm wrong about my concern?

The law protects you as long as you have a 'reasonable belief' that the wrongdoing has occurred, is occurring, or is likely to occur. You do not need to provide absolute proof. The key is that your concern is genuine and made in the public interest, not for personal gain.

Can I blow the whistle anonymously?

While you can make an anonymous disclosure, it can be very difficult to then prove that you have been victimised as a result of it. It also makes it harder for your employer to investigate. We can provide confidential legal advice on the safest way to raise your concerns before you act.

How long do I have to make a claim?

Strict time limits apply. For a claim of detriment or unfair dismissal related to whistleblowing, you must start the process (usually via ACAS Early Conciliation) within three months less one day from the date of the act you are complaining about. It is crucial to seek legal advice immediately.

For Employers

What is our legal duty when someone raises a concern?

You must take any disclosure seriously and conduct a fair and thorough investigation. Crucially, you must protect the individual who raised the concern from any form of retaliation, bullying, or victimisation from managers or colleagues. Failure to do so can result in a successful tribunal claim against the business.

What should be in our whistleblowing policy?

A robust policy should provide a clear, confidential procedure for employees to raise serious concerns, state that they will be protected from any detriment, and outline how the company will investigate their disclosure. It is a key piece of evidence in defending a tribunal claim.

What's the difference between a grievance and a protected disclosure?

A grievance is a personal complaint about your own employment (e.g., "I haven't been paid correctly"). A protected disclosure (whistleblowing) is a disclosure of information about a wider wrongdoing that is in the 'public interest' (e.g., "The company is breaking health and safety law").

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Whether you need to raise a concern or manage one, our expert employment law solicitors are here to provide the clear, confidential guidance you need.

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