Case law developments have set a new precedent around protections for those who report suspected wrongdoing at work, explains Ethan Diver
Whistleblowing refers to reporting suspected wrongdoing in the workplace that affects others, such as the public. Under the Public Interest Disclosure Act 1998 (PIDA), whistleblowers who meet certain conditions are protected from dismissal and/or detriments – for example, bullying or harassment – because of their disclosure. The law treats such dismissals as automatically unfair, meaning employees can assert these rights from day one of their employment.
These protections apply to individuals who report a prescribed type of wrongdoing, such as a criminal offence, which they reasonably believe is in the public interest. This is known as a ‘protected disclosure’.
Although the PIDA came into force in 1999, recent case law is continuing to clarify its precise ambit.
The protection from dismissal applies to employees and the protection from detriment applies to workers (which includes employees). The definition of ‘worker’ has been the subject of much case law in its own right; however, recent cases have also challenged this in the whistleblowing context.
In Sullivan v Isle of Wight Council, the claimant was an unsuccessful job applicant who reported that she had uncovered financial irregularities involving a charitable trust whose trustee sat on the employer’s interview panel. When the employer refused to review this...
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