Whistle-Blowing In The Workplace – Health & Safety At Work
Why Blow The Whistle?
Do you need an example letter to blow the whistle? I have created a Whistle Blowing Template, which includes whistle blowing examples for each of the whistle blowing categories –
- A criminal offence has been, is being, or is likely to be committed;
- A failure to comply with a legal obligation has happened, is happening, or is likely to happen;
- A miscarriage of justice has been committed, is being committed, or is likely to be committed;
- The endangerment of health and safety has happened, is happening, or is likely to happen;
- Damage to the environment has happened, is happening, or is likely to happen;
- That the employer is likely to conceal one of the above.
The Whistle Blowing Template provides six examples of what to say when blowing the whistle to your employer regarding (1) to (6) above.
The Whistle Blowing Template also outlines specific wording to use when blowing the whistle to your employer.
The Whistle Blowing Template provides little wiggle room for your employer to wiggle off the hook germane to you blowing the whistle.
The Whistleblowing Template includes case law.
Where an employee invokes the protection of the Public Interest Disclosure Act 1998 or Employment Rights Act 1996 it is unlawful for the employer to subject that employee to a “detriment” or “detrimental treatment” under any Parliamentary Act.
Proving “detrimental treatment” is a relatively low hurdle. In the employment context, a “detriment” is where the employee has simply been “disadvantaged” for being a whistle-blower.
Section 103A of the Employment Rights Act 1996 makes it automatically unfair to dismiss an employee for making protected disclosure/s (blowing the whistle).
The employee does not need two years service to blow the whistle. Protection for being a whistle-blower is from day one of employment.
Notwithstanding, there is no time limit in relation to the employer subjecting an employee to a “detriment” for whistle blowing. For the avoidance of doubt, the detriment or detrimental treatment can be inflicted years later – Miklaszewicz v Stolt Offshore Ltd  IRLR 344
This means that even after you have left your employer, the employer must not subject you to a detriment i.e. giving you a bad reference because you were a whistle-blower.
If you are dismissed for blowing the whistle (or one or more of the reasons why your employer dismissed you) the average Tribunal award for whistle-blowing compensation is circa £113,000.00
The Whistle Blowing Template outlines how to take adequate measures to [protect yourself] when blowing the whistle i.e. outlining the specific wording to use when blowing the whistle to your employer.
The Whistle Blowing Template also provides a list of persons ‘prescribed persons list’ whom you can blow the whistle in the event you want to blow the whistle to someone other than your employer.
Give yourself a fighting chance against your employer, its HR & Legal Departments, and use the Whistle Blowing Template to aid you blowing the whistle.