Whistleblowing - Particulars of Claim Writing Service
Whistleblowing Claim
Drafting an effective whistleblowing claim and navigating the employment tribunal process requires careful attention to specific legal requirements and procedural details.
What is Whistleblowing?
Whistleblowing, in Great Britain, refers to a worker reporting wrongdoing, malpractice, or failures within the workplace. This act is primarily protected by the Employment Rights Act 1996 (ERA 1996), as amended by the Public Interest Disclosure Act 1998 (PIDA 1998), which aims to shield individuals from victimisation or dismissal for making such disclosures.
Here's how to build a strong case:
Understanding Your Claim Type and Key Advantages
You may bring a claim for detriment (Section 47B, Employment Rights Act 1996 - ERA 1996) if you were subjected to any detrimental act or deliberate failure to act by your employer due to making a protected disclosure.
If the detriment took the form of a dismissal (actual or constructive), you must instead bring an automatically unfair dismissal claim (Section 103A, ERA 1996). However, you might also bring a separate detriment claim against the dismissing manager personally, for which the employer could be vicariously liable.
A significant advantage of whistleblowing claims is that there is no minimum length of service or upper/lower age limit required for either detriment or unfair dismissal claims based on a protected disclosure, unlike "ordinary" unfair dismissal cases.
Critical Pleading Requirements for Claimants (ET1 Form) When drafting your claim form (ET1), ensure it is clear and consistent from the outset.
Protected Disclosure - You bear the burden of proof to show how the requirements of a qualifying and protected disclosure are met.
Clearly set out the context in which the alleged protected disclosure was made, as this is relevant to whether it constitutes a disclosure of information. This context can include various forms of communication such as letters, emails, meetings, and even conduct.
If your disclosure was a combination of communications, cumulatively amounting to a protected disclosure, this must be clearly set out.
Focus on the specific protected disclosures that actually gave rise to the alleged detriments and/or dismissal. Pleading too many disclosures can be counterproductive.
Carefully analyse whether you genuinely had a reasonable belief at the time that the disclosure tended to show a relevant failure and was in the public interest. You will need to answer questions on this during cross-examination.
Detrimental Treatment - In a detriment claim, you also bear the burden of showing that detrimental treatment occurred.
Reason for Dismissal - In an unfair dismissal claim where you lack the two years' qualifying service for an ordinary unfair dismissal claim, you will bear the burden of proof to show the true reason for dismissal.
Plead Both Claims (If Applicable) - If there has been a dismissal, always consider if you can also bring a detriment claim for actions prior to the dismissal. You should specifically state that you are seeking compensation for losses under both section 47B and section 103A of the ERA 1996. This strategy is beneficial if the dismissal is later found not to be automatically unfair.
Post-Termination Detriments - These should be separately pleaded.
All Potential Respondents - While an automatically unfair dismissal claim can only be brought against the employer, detriment claims can also be brought against co-workers in their personal capacity (e.g., the dismissing manager). Consider pleading vicarious liability against the employer for such actions. Adding individual respondents can be advantageous if the claim against the employer fails or the employer becomes insolvent.
"Tainted Information" Cases - If a decision-maker was "innocent" but misled by a "manipulator" due to your protected disclosure, the manipulator's conduct should be pleaded as a separate act.
Acas Code Compliance - Set out how you have complied with the Acas Code of Practice on Disciplinary and Grievance Procedures, for example, by raising a grievance regarding alleged detrimental treatment. Failure to do so may affect your compensation.
Crucial Time Limits Adhering to strict time limits is paramount for your claim to be heard.
Unfair Dismissal - A claim must be brought within three months of the effective date of termination (EDT).
Detriment - A claim must be presented "before the end of the period of three months beginning with the date of the act or failure to act to which the complaint relates or, where that act or failure is part of a series of similar acts or failures, the last of them".
Focus on the Act - Tribunals focus on the date of the act giving rise to the detriment, not the subsequent consequences. For example, time runs from being placed in a redeployment pool, not from later detrimental consequences.
Suspension - The act of suspending an individual continues over the period of the suspension.
"Series of Similar Acts" - For acts to form part of a "series," there must be "some relevant connection between the acts," and each act must, in itself, be unlawful.
Acas Early Conciliation (EC) - Most tribunal claims, including whistleblowing, are subject to mandatory EC. Contacting Acas triggers an extension of time for submitting your claim; the clock stops when you contact Acas and restarts when you receive an EC certificate. If less than a month remains, it's automatically increased to a month.
Extending Time - A tribunal can extend time if it was "not reasonably practicable" for the claim to be presented in time, and the claim was still presented "within such further period as the tribunal considers reasonable".
Evidence in Whistleblowing Claims
You need to demonstrate that the requirements of a qualifying and protected disclosure are met. It is not necessary to prove that the wrongdoing you alleged factually occurred.
The key test is whether you had a reasonable belief that the information disclosed was true at the time of making the disclosure. However, evidence of the factual accuracy of the alleged wrongdoing can still be useful, as it might demonstrate a motive for the employer's detrimental treatment.
Compensation and Remedies for Successful Whistleblowing Claims
There is no upper limit on the amount of compensation that can be awarded for unfair dismissal or detriment in whistleblowing cases. Compensation is calculated on a "just and equitable" basis.
Unfair Dismissal - Remedies include reinstatement, re-engagement, and compensation (including a basic award). The statutory cap on unfair dismissal compensation does not apply to these claims.
Injury to Feelings - Compensation for injury to feelings can be awarded for any detriment up to the point of dismissal, but not for the dismissal itself. These are assessed using the Vento guidelines.
Career Loss and Stigma - In exceptional cases, compensation may be awarded for career-long losses if you have been stigmatised or "black-listed" in the job market due to your disclosure, or if medical grounds prevent you from working again in the same capacity. You will need compelling evidence to prove prejudice in the labour market due to stigma.
Personal Injury - Damages for personal injury (e.g., psychiatric illness) are also available in detriment cases.
Aggravated Damages - These can be awarded for detriment (but not unfair dismissal) if the respondent's behaviour was "high-handed, malicious or oppressive". These awards are rare in practice.
Acas Code Adjustments - Compensation can be increased or reduced by up to 25% if either party unreasonably failed to follow the Acas Code (for employees only). The tribunal will consider the overall financial value of any uplift.
Lack of Good Faith Adjustments - Your award may be reduced by up to 25% if it appears that your protected disclosure was not made in good faith. This typically applies in rare instances where an ulterior motive predominates, despite a reasonable belief in the public interest.
By meticulously preparing your claim, focusing on these key aspects, and being ready to present clear evidence, you can strengthen your position in a whistleblowing claim.
Whistleblowing Claim
Drafting an effective whistleblowing claim and navigating the employment tribunal process requires careful attention to specific legal requirements and procedural details.
What is Whistleblowing?
Whistleblowing, in Great Britain, refers to a worker reporting wrongdoing, malpractice, or failures within the workplace. This act is primarily protected by the Employment Rights Act 1996 (ERA 1996), as amended by the Public Interest Disclosure Act 1998 (PIDA 1998), which aims to shield individuals from victimisation or dismissal for making such disclosures.
Here's how to build a strong case:
Understanding Your Claim Type and Key Advantages
You may bring a claim for detriment (Section 47B, Employment Rights Act 1996 - ERA 1996) if you were subjected to any detrimental act or deliberate failure to act by your employer due to making a protected disclosure.
If the detriment took the form of a dismissal (actual or constructive), you must instead bring an automatically unfair dismissal claim (Section 103A, ERA 1996). However, you might also bring a separate detriment claim against the dismissing manager personally, for which the employer could be vicariously liable.
A significant advantage of whistleblowing claims is that there is no minimum length of service or upper/lower age limit required for either detriment or unfair dismissal claims based on a protected disclosure, unlike "ordinary" unfair dismissal cases.
Critical Pleading Requirements for Claimants (ET1 Form) When drafting your claim form (ET1), ensure it is clear and consistent from the outset.
Protected Disclosure - You bear the burden of proof to show how the requirements of a qualifying and protected disclosure are met.
Clearly set out the context in which the alleged protected disclosure was made, as this is relevant to whether it constitutes a disclosure of information. This context can include various forms of communication such as letters, emails, meetings, and even conduct.
If your disclosure was a combination of communications, cumulatively amounting to a protected disclosure, this must be clearly set out.
Focus on the specific protected disclosures that actually gave rise to the alleged detriments and/or dismissal. Pleading too many disclosures can be counterproductive.
Carefully analyse whether you genuinely had a reasonable belief at the time that the disclosure tended to show a relevant failure and was in the public interest. You will need to answer questions on this during cross-examination.
Detrimental Treatment - In a detriment claim, you also bear the burden of showing that detrimental treatment occurred.
Reason for Dismissal - In an unfair dismissal claim where you lack the two years' qualifying service for an ordinary unfair dismissal claim, you will bear the burden of proof to show the true reason for dismissal.
Plead Both Claims (If Applicable) - If there has been a dismissal, always consider if you can also bring a detriment claim for actions prior to the dismissal. You should specifically state that you are seeking compensation for losses under both section 47B and section 103A of the ERA 1996. This strategy is beneficial if the dismissal is later found not to be automatically unfair.
Post-Termination Detriments - These should be separately pleaded.
All Potential Respondents - While an automatically unfair dismissal claim can only be brought against the employer, detriment claims can also be brought against co-workers in their personal capacity (e.g., the dismissing manager). Consider pleading vicarious liability against the employer for such actions. Adding individual respondents can be advantageous if the claim against the employer fails or the employer becomes insolvent.
"Tainted Information" Cases - If a decision-maker was "innocent" but misled by a "manipulator" due to your protected disclosure, the manipulator's conduct should be pleaded as a separate act.
Acas Code Compliance - Set out how you have complied with the Acas Code of Practice on Disciplinary and Grievance Procedures, for example, by raising a grievance regarding alleged detrimental treatment. Failure to do so may affect your compensation.
Crucial Time Limits Adhering to strict time limits is paramount for your claim to be heard.
Unfair Dismissal - A claim must be brought within three months of the effective date of termination (EDT).
Detriment - A claim must be presented "before the end of the period of three months beginning with the date of the act or failure to act to which the complaint relates or, where that act or failure is part of a series of similar acts or failures, the last of them".
Focus on the Act - Tribunals focus on the date of the act giving rise to the detriment, not the subsequent consequences. For example, time runs from being placed in a redeployment pool, not from later detrimental consequences.
Suspension - The act of suspending an individual continues over the period of the suspension.
"Series of Similar Acts" - For acts to form part of a "series," there must be "some relevant connection between the acts," and each act must, in itself, be unlawful.
Acas Early Conciliation (EC) - Most tribunal claims, including whistleblowing, are subject to mandatory EC. Contacting Acas triggers an extension of time for submitting your claim; the clock stops when you contact Acas and restarts when you receive an EC certificate. If less than a month remains, it's automatically increased to a month.
Extending Time - A tribunal can extend time if it was "not reasonably practicable" for the claim to be presented in time, and the claim was still presented "within such further period as the tribunal considers reasonable".
Evidence in Whistleblowing Claims
You need to demonstrate that the requirements of a qualifying and protected disclosure are met. It is not necessary to prove that the wrongdoing you alleged factually occurred.
The key test is whether you had a reasonable belief that the information disclosed was true at the time of making the disclosure. However, evidence of the factual accuracy of the alleged wrongdoing can still be useful, as it might demonstrate a motive for the employer's detrimental treatment.
Compensation and Remedies for Successful Whistleblowing Claims
There is no upper limit on the amount of compensation that can be awarded for unfair dismissal or detriment in whistleblowing cases. Compensation is calculated on a "just and equitable" basis.
Unfair Dismissal - Remedies include reinstatement, re-engagement, and compensation (including a basic award). The statutory cap on unfair dismissal compensation does not apply to these claims.
Injury to Feelings - Compensation for injury to feelings can be awarded for any detriment up to the point of dismissal, but not for the dismissal itself. These are assessed using the Vento guidelines.
Career Loss and Stigma - In exceptional cases, compensation may be awarded for career-long losses if you have been stigmatised or "black-listed" in the job market due to your disclosure, or if medical grounds prevent you from working again in the same capacity. You will need compelling evidence to prove prejudice in the labour market due to stigma.
Personal Injury - Damages for personal injury (e.g., psychiatric illness) are also available in detriment cases.
Aggravated Damages - These can be awarded for detriment (but not unfair dismissal) if the respondent's behaviour was "high-handed, malicious or oppressive". These awards are rare in practice.
Acas Code Adjustments - Compensation can be increased or reduced by up to 25% if either party unreasonably failed to follow the Acas Code (for employees only). The tribunal will consider the overall financial value of any uplift.
Lack of Good Faith Adjustments - Your award may be reduced by up to 25% if it appears that your protected disclosure was not made in good faith. This typically applies in rare instances where an ulterior motive predominates, despite a reasonable belief in the public interest.
By meticulously preparing your claim, focusing on these key aspects, and being ready to present clear evidence, you can strengthen your position in a whistleblowing claim.
Whistleblowing Claim
Drafting an effective whistleblowing claim and navigating the employment tribunal process requires careful attention to specific legal requirements and procedural details.
What is Whistleblowing?
Whistleblowing, in Great Britain, refers to a worker reporting wrongdoing, malpractice, or failures within the workplace. This act is primarily protected by the Employment Rights Act 1996 (ERA 1996), as amended by the Public Interest Disclosure Act 1998 (PIDA 1998), which aims to shield individuals from victimisation or dismissal for making such disclosures.
Here's how to build a strong case:
Understanding Your Claim Type and Key Advantages
You may bring a claim for detriment (Section 47B, Employment Rights Act 1996 - ERA 1996) if you were subjected to any detrimental act or deliberate failure to act by your employer due to making a protected disclosure.
If the detriment took the form of a dismissal (actual or constructive), you must instead bring an automatically unfair dismissal claim (Section 103A, ERA 1996). However, you might also bring a separate detriment claim against the dismissing manager personally, for which the employer could be vicariously liable.
A significant advantage of whistleblowing claims is that there is no minimum length of service or upper/lower age limit required for either detriment or unfair dismissal claims based on a protected disclosure, unlike "ordinary" unfair dismissal cases.
Critical Pleading Requirements for Claimants (ET1 Form) When drafting your claim form (ET1), ensure it is clear and consistent from the outset.
Protected Disclosure - You bear the burden of proof to show how the requirements of a qualifying and protected disclosure are met.
Clearly set out the context in which the alleged protected disclosure was made, as this is relevant to whether it constitutes a disclosure of information. This context can include various forms of communication such as letters, emails, meetings, and even conduct.
If your disclosure was a combination of communications, cumulatively amounting to a protected disclosure, this must be clearly set out.
Focus on the specific protected disclosures that actually gave rise to the alleged detriments and/or dismissal. Pleading too many disclosures can be counterproductive.
Carefully analyse whether you genuinely had a reasonable belief at the time that the disclosure tended to show a relevant failure and was in the public interest. You will need to answer questions on this during cross-examination.
Detrimental Treatment - In a detriment claim, you also bear the burden of showing that detrimental treatment occurred.
Reason for Dismissal - In an unfair dismissal claim where you lack the two years' qualifying service for an ordinary unfair dismissal claim, you will bear the burden of proof to show the true reason for dismissal.
Plead Both Claims (If Applicable) - If there has been a dismissal, always consider if you can also bring a detriment claim for actions prior to the dismissal. You should specifically state that you are seeking compensation for losses under both section 47B and section 103A of the ERA 1996. This strategy is beneficial if the dismissal is later found not to be automatically unfair.
Post-Termination Detriments - These should be separately pleaded.
All Potential Respondents - While an automatically unfair dismissal claim can only be brought against the employer, detriment claims can also be brought against co-workers in their personal capacity (e.g., the dismissing manager). Consider pleading vicarious liability against the employer for such actions. Adding individual respondents can be advantageous if the claim against the employer fails or the employer becomes insolvent.
"Tainted Information" Cases - If a decision-maker was "innocent" but misled by a "manipulator" due to your protected disclosure, the manipulator's conduct should be pleaded as a separate act.
Acas Code Compliance - Set out how you have complied with the Acas Code of Practice on Disciplinary and Grievance Procedures, for example, by raising a grievance regarding alleged detrimental treatment. Failure to do so may affect your compensation.
Crucial Time Limits Adhering to strict time limits is paramount for your claim to be heard.
Unfair Dismissal - A claim must be brought within three months of the effective date of termination (EDT).
Detriment - A claim must be presented "before the end of the period of three months beginning with the date of the act or failure to act to which the complaint relates or, where that act or failure is part of a series of similar acts or failures, the last of them".
Focus on the Act - Tribunals focus on the date of the act giving rise to the detriment, not the subsequent consequences. For example, time runs from being placed in a redeployment pool, not from later detrimental consequences.
Suspension - The act of suspending an individual continues over the period of the suspension.
"Series of Similar Acts" - For acts to form part of a "series," there must be "some relevant connection between the acts," and each act must, in itself, be unlawful.
Acas Early Conciliation (EC) - Most tribunal claims, including whistleblowing, are subject to mandatory EC. Contacting Acas triggers an extension of time for submitting your claim; the clock stops when you contact Acas and restarts when you receive an EC certificate. If less than a month remains, it's automatically increased to a month.
Extending Time - A tribunal can extend time if it was "not reasonably practicable" for the claim to be presented in time, and the claim was still presented "within such further period as the tribunal considers reasonable".
Evidence in Whistleblowing Claims
You need to demonstrate that the requirements of a qualifying and protected disclosure are met. It is not necessary to prove that the wrongdoing you alleged factually occurred.
The key test is whether you had a reasonable belief that the information disclosed was true at the time of making the disclosure. However, evidence of the factual accuracy of the alleged wrongdoing can still be useful, as it might demonstrate a motive for the employer's detrimental treatment.
Compensation and Remedies for Successful Whistleblowing Claims
There is no upper limit on the amount of compensation that can be awarded for unfair dismissal or detriment in whistleblowing cases. Compensation is calculated on a "just and equitable" basis.
Unfair Dismissal - Remedies include reinstatement, re-engagement, and compensation (including a basic award). The statutory cap on unfair dismissal compensation does not apply to these claims.
Injury to Feelings - Compensation for injury to feelings can be awarded for any detriment up to the point of dismissal, but not for the dismissal itself. These are assessed using the Vento guidelines.
Career Loss and Stigma - In exceptional cases, compensation may be awarded for career-long losses if you have been stigmatised or "black-listed" in the job market due to your disclosure, or if medical grounds prevent you from working again in the same capacity. You will need compelling evidence to prove prejudice in the labour market due to stigma.
Personal Injury - Damages for personal injury (e.g., psychiatric illness) are also available in detriment cases.
Aggravated Damages - These can be awarded for detriment (but not unfair dismissal) if the respondent's behaviour was "high-handed, malicious or oppressive". These awards are rare in practice.
Acas Code Adjustments - Compensation can be increased or reduced by up to 25% if either party unreasonably failed to follow the Acas Code (for employees only). The tribunal will consider the overall financial value of any uplift.
Lack of Good Faith Adjustments - Your award may be reduced by up to 25% if it appears that your protected disclosure was not made in good faith. This typically applies in rare instances where an ulterior motive predominates, despite a reasonable belief in the public interest.
By meticulously preparing your claim, focusing on these key aspects, and being ready to present clear evidence, you can strengthen your position in a whistleblowing claim.