In the final instalment in our series of articles looking at whistleblowing claims, we look at types of whistleblowing claims and their potential remedy at an employment tribunal.

Previously we looked at what amounts to a protected disclosure, how clear and effective policies in place helps employers to handle protected disclosures and the handling of complaints confidentially and/or anonymously. Now we consider what could happen if a whistleblowing employee feels mistreated or is dismissed after making a protected disclosure.

The Employment Rights Act 1996 provides two types of protection for employees who have made a protected disclosure:

1. Protection from detriment

An employee or worker (the latter having fewer statutory rights) can bring a claim against their employer if they have been subjected to detriment as a result of making a protected disclosure. This does not include dismissal.

The claim can be brought against an individual who caused the detriment and against the employer under vicarious liability. An employer may be able to defend a claim if it can show that it took all reasonable steps to prevent detrimental treatment.

What is detriment?

Detriment is not a defined term, but we know from case law that the detriment must show a disadvantage and that it is not enough for the employee to have simply an “unjustified sense of grievance”. The Whistleblowing Commission Code of Practice provides examples such as failure to promote, denial of training or bullying and...

Read Full Story: https://www.shoosmiths.co.uk/insights/articles/whistleblower-protection-the-c...