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Loch Law

Employment Lawyer for Whistleblower Matters

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Whistleblowing

Whistleblowing has become an increasingly important part of the employment law landscape. This is in part due to the fact that there is increased emphasis on encouraging whistleblowing claims and in part due to the fact that compensation for whistleblowing claims is uncapped. Expectations placed on employers with regard to the handling of whistleblowing are increasing, with recent changes in regulation and market pressure. Whistleblowing is important because it can shine a light on concerns within a workplace, which in turn enables employers to learn, prevent future occurrences , and ultimately protect the public. Whistleblowing has been the subject of specific legislation in the UK since 1998 with the introduction of the Public Interest Disclosure Act, which created specific rights and protection for whistleblowers. Similarly, HMRC are looking increasingly closely at how contractors are engaged, in reality, to determine whether their self-employed status is genuine. This means it is important for employers to engage staff on the correct basis to avoid fines and penalties, which could put their business at risk. In order to minimise any potential risks and financial uncertainty, it’s important for businesses to review their staffing structures, individual status and terms and conditions of employment.

Protecting your business and your data:

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How Loch Law can help

We can help you to draft and communicate a clear whistleblowing policy, encouraging your workers to approach you directly about any concerns they might have.

As part of that policy, it would be advantageous to include things like:

  • A definition of what whistleblowing is;
  • What constitutes a whistleblowing disclosure;
  • What protections are given to workers who blow the whistle;
  • An explanation of the organisation’s procedures for dealing with disclosures of whistleblowing;
  • An explicit commitment to treat all disclosures equally and fairly;
  • A commitment to – where requested and legally possible – maintain confidentiality; and
  • An idea of the timeframe for handling a disclosure.

By implementing a comprehensive and clear whistleblowing policy, you, as an employer, are better equipped with information to control risk within your business. In other words, the regular reporting of concerns by your employees can prove advantageous.

Whistleblowers who are entitled to protection must receive it. We can help you to navigate the day-to-day running of your business while ensuring that those who blow the whistle are not unfairly treated.

If an employee is claiming that they have indeed been unfairly treated, we can provide mediation, assist with settlement agreements – where appropriate – and represent your interests in an employment tribunal.

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Testimonials

The speed of their service levels combined with high quality advice always exceeds our expectations and as a result we have been a satisfied client of the firm for over 7 years. I would not hesitate to recommend Loch Law to any business.

Operations Director, Professional Services

We have been incredibly thankful for having your support over the last few years and our clients have been very impressed with the help they have received from Pam Loch and the rest of the team. We cannot praise you highly enough.

Loch Law Client

The expertise of Loch Law made me feel in very safe hands. Caroline was thorough at explaining the legal situation, giving clear advice and was committed to getting me a fair outcome.

Senior Professional

I cannot recommend Joe Milner at the Tunbridge Wells office highly enough. He was extremely helpful and reassuring, and settled my claim quickly and efficiently. What a delightful chap to do business with.

Loch Law Client

I cannot recommend Joe Milner at the Tunbridge Wells office highly enough. He was extremely helpful and reassuring and settled my claim quickly and efficiently. What a delightful chap to do business with.

Loch Law Client

It goes without saying my contacting you at the outset & getting your great advice gave me confidence through this upsetting episode.

Loch Law Client

I cannot tell you how much I appreciate your help and please let whoever helps you get this out of the door know that I appreciate theirs too!

Loch Law Client

Thank you so much for your work; it is greatly appreciated. I can’t wait to get this situation resolved! Thank you again. We would be lost without you.

Loch Law Client

Thank you so much for your advice. I really appreciate the fact that you were able to understand the nature of our company and tailor your advice accordingly. I think that ability is key in defining a good lawyer. Lawyers who cannot deviate from 100% security are of little use.

Loch Law Client

The expertise of Loch Law made me feel in very safe hands. Caroline was thorough in explaining the legal situation, giving clear advice and was committed to getting me a fair outcome

Senior Professional

Pam and her team are always on hand to expertly advise us on any employment law issues we have. The speed of their service levels combined with high-quality advice always exceeds our expectations and as a result, we have been a satisfied client of the firm for over 7 years. I would not hesitate to recommend Loch Law to any business.

Operations Director, Professional Services

What is whistleblower protection?

In the UK, workers can, in certain, specified situations disclose information about their employer’s wrongdoing and obtain protection in relation to that disclosure. It is not the case that a worker may make any disclosure and claim protection. Rather, the disclosure must amount to a "qualifying disclosure", be made in the ‘public interest’ and be made to an appropriate or prescribed person or body. In general terms, most qualifying disclosures made to a worker's employer will be protected. Stricter regimes apply if the disclosure is made to someone other than the employee’s employer. The intention of the law is to encourage workers to disclose concerns to their employers and ensure they are not subjected to detriment for doing so.

Who is protected?

The protection applies to employees and also workers, which includes freelancers, agency staff and directors.

Special provisions apply to others such as Crown employees and police officers.

Which disclosures are covered?

In order to attract protection, the disclosure must be a "qualifying disclosure".

This means any disclosure of information which, in the reasonable belief of the person making the disclosure, is in the public interest and tends to show one or more of the following:

  • a criminal offence
  • failure to comply with a legal obligation
  • a miscarriage of justice
  • the health or safety of an individual has been endangered
  • damage to the environment, or
  • concealment of information showing any of the above.

Our team will be more than happy to discuss how they can help you with whistleblowing support. For more information, click here to request a call back.

Enquire now on 0203 667 5400

Our experts are waiting to talk with you and our aim is to respond to all enquiries within 2 hours.

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