Whistleblowing Compensation Solicitors
Employment Legal Services
Whistleblowing, the act of exposing wrongdoing within an organization, is a courageous act that can lead to significant changes in society.
Whistleblowing claims often involve legal disputes where an employee reports wrongdoing or illegal activity within their workplace, and as a result, they face retaliation such as dismissal, demotion, or harassment.
Successful whistleblowing claims generally depend on the employee proving that:
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They made a protected disclosure: The employee must show that the information they disclosed qualifies as a "protected disclosure" under relevant laws (e.g., the Public Interest Disclosure Act 1998 in the UK). This involves reporting something like criminal offenses, health and safety violations, environmental damage, or other legal breaches that are in the public interest.
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The employer took retaliatory action: The employee must prove that their disclosure led to unfair treatment or dismissal by their employer.
What can you claim?
Results of successful whistleblowing claims can include:
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Compensation: The employee may receive financial compensation for lost earnings, emotional distress, and damage to their career or reputation. There are no caps on compensation in whistleblowing cases in the UK, unlike in other types of employment claims.
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Reinstatement or re-engagement: In some cases, employees may seek to be reinstated to their previous position or re-engaged in a similar role.
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Public exposure of wrongdoing: Successful claims can lead to the exposure of illegal or unethical practices within a company or organization, often triggering external investigations or regulatory action.
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Settlement: Many whistleblowing cases are resolved through settlement agreements before reaching a tribunal or court, where the employee may receive compensation in exchange for waiving further claims.
Key Whistleblowing Cases
Halet v. Luxembourg
Raphaël Halet, one of the LuxLeaks whistleblowers, was a former PWC employee who revealed documents showing a major global network of tax avoidance schemes based out of Luxembourg. The European Court of Human Rights found that Halet’s criminal conviction violated the European Convention of Human Rights, specifically Article 10, which protects the freedom of expression. This decision marked an important affirmation by the Court that whistleblowing is an exercise of free expression and is thus protected under the Convention.
Other Notable Cases
Other notable cases include Kong (Appellant) v Gulf International Bank (UK) Ltd (Respondent) UKSC 2022/0131, Ms C Stewart v Foreign, Commonwealth and Development Office: 2204590/2022, Mr M Pitman v Hampshire Hospitals NHS Foundation Trust and L Alloway: 1404274/2021, Ranson v DHSC (Case 21/20), Daniels v United National Bank Ltd, Ms A Henderson v GCRM Ltd and others (Scotland : Public Interest Disclosure) [2023] UKET 4102334/2022 (21 April 2023), Dr J Macanovic v Portsmouth Hospital NHS Trust: 1400232/2018, Reverend D Green v Lichfield Diocesan Board of Finance
The precedent cases discussed above highlight the importance of legal protections for whistleblowers and the significant societal impact of their actions. As we move forward, it is crucial to continue supporting and protecting those who have the courage to speak up.