Whistleblowing: Making a Protected Disclosure
Navigating Workplace Wrongdoing: Your Path to a Protected Disclosure & Whistleblowing
Are you aware of malpractice or wrongdoing within your organisation and considering reporting it? Making a Protected Disclosure – commonly known as whistleblowing – under UK law can offer crucial safeguards against unfair treatment and dismissal. Our service is designed to guide and assist you in formally disclosing such concerns, ensuring your rights are protected throughout the process.
The law protects workers who report specific types of wrongdoing that are in the public interest. However, the legal framework is detailed and requires careful adherence to ensure your disclosure qualifies for protection. We provide expert assistance to help you prepare a robust and compliant disclosure, maximising your legal protection.
What Constitutes a Protected Disclosure?
Under the Employment Rights Act 1996 (ERA 1996), specifically amended by the Public Interest Disclosure Act 1998 (PIDA 1998), a "qualifying disclosure" is defined as any disclosure of information which, in the reasonable belief of the worker making it, is made in the public interest and tends to show one or more of six specified types of wrongdoing. Once a qualifying disclosure is made to an appropriate person or body, it becomes a "protected disclosure".
Categories of Wrongdoing We Can Help You Report
A qualifying disclosure must relate to one or more of these specific categories of failure, wrongdoing, or malpractice:
Criminal offences -This includes concerns about potential financial misconduct, fraud, or tax evasion.
Breach of any legal obligation - This is a broad category, covering breaches of employment contracts, statutory duties (like health and safety or data protection), tortious duties (e.g., defamation), or even internal company rules, particularly in regulated industries.
Miscarriages of justice.
Danger to the health and safety of any individual - This can include issues like unsafe working conditions, or widespread harassment and bullying.
Damage to the environment - This could involve illegal waste disposal or other practices harming the environment, which might also constitute a breach of legal obligation or a criminal offence.
The deliberate concealing of information about any of the above.
Who is Protected by Whistleblowing Legislation?
The whistleblowing legislation broadly protects "workers". This definition is wider than just employees and includes:
Employees
Agency workers.
Freelance workers.
Seconded workers.
Homeworkers.
Certain job applicants in the NHS.
How Our Service Assists You in Making an "Official Disclosure"
The UK legal framework encourages disclosure to your employer (internal disclosure) as the primary method for whistleblowing, as this offers the most straightforward route to legal protection. Our service is designed to assist you with this crucial first step.
We help you draft and submit your disclosure to the appropriate person or department within your organisation, such as your line manager, HR, internal audit, or CEO. If your employer has a specific whistleblowing policy or procedure (e.g., an external hotline), we will guide you in utilising those channels, which are treated the same as direct disclosure to the employer.
Our Process Includes:
Expert Review - I will review your concerns to determine if they align with one of the protected categories of wrongdoing and meet the "public interest" test.
Information Gathering Guidance - I advise on the type of factual information and evidence that will strengthen your disclosure. It's important to understand the distinction between disclosing information you already possess and potentially engaging in misconduct to obtain evidence (e.g., hacking into systems), as the latter is not protected.
Drafting Your Formal Disclosure - I meticulously draft your disclosure letter or statement to ensure it contains sufficient factual content and specificity. I focus on clearly identifying the "information" being disclosed and the "relevant failure" it tends to show. We will also ensure it clearly states it is a Protected Disclosure under the Public Interest Disclosure Act 1998 and Section 43B of the Employment Rights Act 1996.
Public Interest Articulation - I assist in articulating why your disclosure is in the public interest, drawing on factors like the number of people affected, the seriousness of the wrongdoing, and the identity of those involved, even if your concern also has a personal element.
Advising on Channels - I help you identify the most appropriate internal recipient for your disclosure within your employer's organisation, especially if there's a formal whistleblowing policy or designated persons.
Confidentiality Considerations - I can help you request confidentiality, though we will advise on the limits to which an employer can guarantee this, especially if an investigation requires disclosure of your identity.
Next Steps and Protection - I advise you on the protections afforded once a protected disclosure is made, including protection against detriment (e.g., disciplinary action, loss of pay, damage to career prospects, ostracism, bullying, or failure to promote) and automatically unfair dismissal. Crucially, there is no minimum length of service required for these claims, and no cap on compensation.
Why Choose Our Protected Disclosure Service?
Making a protected disclosure is a significant step with serious implications. Our expertise ensures:
Legal Compliance - Your disclosure is drafted to meet all statutory requirements, increasing the likelihood of it being legally recognised as "protected".
Maximum Protection - I help you understand your rights and the protections available, reducing the risk of your employer attempting to dismiss or penalise you unlawfully.
Clarity and Specificity - I ensure your concerns are presented clearly, with the necessary factual detail to be effective, avoiding the pitfalls of vague allegations or mere grievances.
Strategic Advantage - By ensuring your disclosure is formally made and documented correctly from the outset, you put yourself in the strongest possible position should any retaliatory actions occur.
Avoidance of Pitfalls - I guide you away from actions that could be misinterpreted as misconduct, such as attempting to gather evidence through unauthorised means, which are not protected under whistleblowing law.
Don't let legitimate concerns go unreported or risk your career by making an unprotected disclosure. Contact us today for a confidential consultation and take the first step towards a safe and effective protected disclosure.
Navigating Workplace Wrongdoing: Your Path to a Protected Disclosure & Whistleblowing
Are you aware of malpractice or wrongdoing within your organisation and considering reporting it? Making a Protected Disclosure – commonly known as whistleblowing – under UK law can offer crucial safeguards against unfair treatment and dismissal. Our service is designed to guide and assist you in formally disclosing such concerns, ensuring your rights are protected throughout the process.
The law protects workers who report specific types of wrongdoing that are in the public interest. However, the legal framework is detailed and requires careful adherence to ensure your disclosure qualifies for protection. We provide expert assistance to help you prepare a robust and compliant disclosure, maximising your legal protection.
What Constitutes a Protected Disclosure?
Under the Employment Rights Act 1996 (ERA 1996), specifically amended by the Public Interest Disclosure Act 1998 (PIDA 1998), a "qualifying disclosure" is defined as any disclosure of information which, in the reasonable belief of the worker making it, is made in the public interest and tends to show one or more of six specified types of wrongdoing. Once a qualifying disclosure is made to an appropriate person or body, it becomes a "protected disclosure".
Categories of Wrongdoing We Can Help You Report
A qualifying disclosure must relate to one or more of these specific categories of failure, wrongdoing, or malpractice:
Criminal offences -This includes concerns about potential financial misconduct, fraud, or tax evasion.
Breach of any legal obligation - This is a broad category, covering breaches of employment contracts, statutory duties (like health and safety or data protection), tortious duties (e.g., defamation), or even internal company rules, particularly in regulated industries.
Miscarriages of justice.
Danger to the health and safety of any individual - This can include issues like unsafe working conditions, or widespread harassment and bullying.
Damage to the environment - This could involve illegal waste disposal or other practices harming the environment, which might also constitute a breach of legal obligation or a criminal offence.
The deliberate concealing of information about any of the above.
Who is Protected by Whistleblowing Legislation?
The whistleblowing legislation broadly protects "workers". This definition is wider than just employees and includes:
Employees
Agency workers.
Freelance workers.
Seconded workers.
Homeworkers.
Certain job applicants in the NHS.
How Our Service Assists You in Making an "Official Disclosure"
The UK legal framework encourages disclosure to your employer (internal disclosure) as the primary method for whistleblowing, as this offers the most straightforward route to legal protection. Our service is designed to assist you with this crucial first step.
We help you draft and submit your disclosure to the appropriate person or department within your organisation, such as your line manager, HR, internal audit, or CEO. If your employer has a specific whistleblowing policy or procedure (e.g., an external hotline), we will guide you in utilising those channels, which are treated the same as direct disclosure to the employer.
Our Process Includes:
Expert Review - I will review your concerns to determine if they align with one of the protected categories of wrongdoing and meet the "public interest" test.
Information Gathering Guidance - I advise on the type of factual information and evidence that will strengthen your disclosure. It's important to understand the distinction between disclosing information you already possess and potentially engaging in misconduct to obtain evidence (e.g., hacking into systems), as the latter is not protected.
Drafting Your Formal Disclosure - I meticulously draft your disclosure letter or statement to ensure it contains sufficient factual content and specificity. I focus on clearly identifying the "information" being disclosed and the "relevant failure" it tends to show. We will also ensure it clearly states it is a Protected Disclosure under the Public Interest Disclosure Act 1998 and Section 43B of the Employment Rights Act 1996.
Public Interest Articulation - I assist in articulating why your disclosure is in the public interest, drawing on factors like the number of people affected, the seriousness of the wrongdoing, and the identity of those involved, even if your concern also has a personal element.
Advising on Channels - I help you identify the most appropriate internal recipient for your disclosure within your employer's organisation, especially if there's a formal whistleblowing policy or designated persons.
Confidentiality Considerations - I can help you request confidentiality, though we will advise on the limits to which an employer can guarantee this, especially if an investigation requires disclosure of your identity.
Next Steps and Protection - I advise you on the protections afforded once a protected disclosure is made, including protection against detriment (e.g., disciplinary action, loss of pay, damage to career prospects, ostracism, bullying, or failure to promote) and automatically unfair dismissal. Crucially, there is no minimum length of service required for these claims, and no cap on compensation.
Why Choose Our Protected Disclosure Service?
Making a protected disclosure is a significant step with serious implications. Our expertise ensures:
Legal Compliance - Your disclosure is drafted to meet all statutory requirements, increasing the likelihood of it being legally recognised as "protected".
Maximum Protection - I help you understand your rights and the protections available, reducing the risk of your employer attempting to dismiss or penalise you unlawfully.
Clarity and Specificity - I ensure your concerns are presented clearly, with the necessary factual detail to be effective, avoiding the pitfalls of vague allegations or mere grievances.
Strategic Advantage - By ensuring your disclosure is formally made and documented correctly from the outset, you put yourself in the strongest possible position should any retaliatory actions occur.
Avoidance of Pitfalls - I guide you away from actions that could be misinterpreted as misconduct, such as attempting to gather evidence through unauthorised means, which are not protected under whistleblowing law.
Don't let legitimate concerns go unreported or risk your career by making an unprotected disclosure. Contact us today for a confidential consultation and take the first step towards a safe and effective protected disclosure.
Navigating Workplace Wrongdoing: Your Path to a Protected Disclosure & Whistleblowing
Are you aware of malpractice or wrongdoing within your organisation and considering reporting it? Making a Protected Disclosure – commonly known as whistleblowing – under UK law can offer crucial safeguards against unfair treatment and dismissal. Our service is designed to guide and assist you in formally disclosing such concerns, ensuring your rights are protected throughout the process.
The law protects workers who report specific types of wrongdoing that are in the public interest. However, the legal framework is detailed and requires careful adherence to ensure your disclosure qualifies for protection. We provide expert assistance to help you prepare a robust and compliant disclosure, maximising your legal protection.
What Constitutes a Protected Disclosure?
Under the Employment Rights Act 1996 (ERA 1996), specifically amended by the Public Interest Disclosure Act 1998 (PIDA 1998), a "qualifying disclosure" is defined as any disclosure of information which, in the reasonable belief of the worker making it, is made in the public interest and tends to show one or more of six specified types of wrongdoing. Once a qualifying disclosure is made to an appropriate person or body, it becomes a "protected disclosure".
Categories of Wrongdoing We Can Help You Report
A qualifying disclosure must relate to one or more of these specific categories of failure, wrongdoing, or malpractice:
Criminal offences -This includes concerns about potential financial misconduct, fraud, or tax evasion.
Breach of any legal obligation - This is a broad category, covering breaches of employment contracts, statutory duties (like health and safety or data protection), tortious duties (e.g., defamation), or even internal company rules, particularly in regulated industries.
Miscarriages of justice.
Danger to the health and safety of any individual - This can include issues like unsafe working conditions, or widespread harassment and bullying.
Damage to the environment - This could involve illegal waste disposal or other practices harming the environment, which might also constitute a breach of legal obligation or a criminal offence.
The deliberate concealing of information about any of the above.
Who is Protected by Whistleblowing Legislation?
The whistleblowing legislation broadly protects "workers". This definition is wider than just employees and includes:
Employees
Agency workers.
Freelance workers.
Seconded workers.
Homeworkers.
Certain job applicants in the NHS.
How Our Service Assists You in Making an "Official Disclosure"
The UK legal framework encourages disclosure to your employer (internal disclosure) as the primary method for whistleblowing, as this offers the most straightforward route to legal protection. Our service is designed to assist you with this crucial first step.
We help you draft and submit your disclosure to the appropriate person or department within your organisation, such as your line manager, HR, internal audit, or CEO. If your employer has a specific whistleblowing policy or procedure (e.g., an external hotline), we will guide you in utilising those channels, which are treated the same as direct disclosure to the employer.
Our Process Includes:
Expert Review - I will review your concerns to determine if they align with one of the protected categories of wrongdoing and meet the "public interest" test.
Information Gathering Guidance - I advise on the type of factual information and evidence that will strengthen your disclosure. It's important to understand the distinction between disclosing information you already possess and potentially engaging in misconduct to obtain evidence (e.g., hacking into systems), as the latter is not protected.
Drafting Your Formal Disclosure - I meticulously draft your disclosure letter or statement to ensure it contains sufficient factual content and specificity. I focus on clearly identifying the "information" being disclosed and the "relevant failure" it tends to show. We will also ensure it clearly states it is a Protected Disclosure under the Public Interest Disclosure Act 1998 and Section 43B of the Employment Rights Act 1996.
Public Interest Articulation - I assist in articulating why your disclosure is in the public interest, drawing on factors like the number of people affected, the seriousness of the wrongdoing, and the identity of those involved, even if your concern also has a personal element.
Advising on Channels - I help you identify the most appropriate internal recipient for your disclosure within your employer's organisation, especially if there's a formal whistleblowing policy or designated persons.
Confidentiality Considerations - I can help you request confidentiality, though we will advise on the limits to which an employer can guarantee this, especially if an investigation requires disclosure of your identity.
Next Steps and Protection - I advise you on the protections afforded once a protected disclosure is made, including protection against detriment (e.g., disciplinary action, loss of pay, damage to career prospects, ostracism, bullying, or failure to promote) and automatically unfair dismissal. Crucially, there is no minimum length of service required for these claims, and no cap on compensation.
Why Choose Our Protected Disclosure Service?
Making a protected disclosure is a significant step with serious implications. Our expertise ensures:
Legal Compliance - Your disclosure is drafted to meet all statutory requirements, increasing the likelihood of it being legally recognised as "protected".
Maximum Protection - I help you understand your rights and the protections available, reducing the risk of your employer attempting to dismiss or penalise you unlawfully.
Clarity and Specificity - I ensure your concerns are presented clearly, with the necessary factual detail to be effective, avoiding the pitfalls of vague allegations or mere grievances.
Strategic Advantage - By ensuring your disclosure is formally made and documented correctly from the outset, you put yourself in the strongest possible position should any retaliatory actions occur.
Avoidance of Pitfalls - I guide you away from actions that could be misinterpreted as misconduct, such as attempting to gather evidence through unauthorised means, which are not protected under whistleblowing law.
Don't let legitimate concerns go unreported or risk your career by making an unprotected disclosure. Contact us today for a confidential consultation and take the first step towards a safe and effective protected disclosure.