The Public Interest Disclosure Act 1998 was enacted to protect the rights of workers who publicly expose or reveal illegal conduct or processes in their place of work. This statute is often referred to as “The Whistle Blowers' Act” which provides safeguards to workers who may have certain knowledge of or were witness to unlawful behaviour in the workplace. This Act empowers workers in Birmingham to reveal wrongdoing without concern of retribution.
The Act provides protection in two substantial ways:
The Public Interested Disclosure Act 1998 requires a “qualifying disclosure” for protection. In order to be eligible, one of the following must exist:
When any elements contained in The Public Interest Disclosure Act 1998 are violated by management, an employee should contact an employment solicitor and apply for compensation to the Birmingham Employment Tribunal. All dismissals based on whistleblowing activity are automatically classified as unfair dismissal. There are no caps or ceilings applied to damages awards, nor is there a minimum period of employment requirement.
The Public Interest Disclosure Act 1998 necessitates that distinct criteria be met for a worker to apply for protection. Workers must first communicate any complaints to their superior or another proper authority, such as a union representative. “Good faith,” is the standard applied to disclosures, which means that the worker must have a strong and compelling reason to believe that the events or offending acts actual happened. Personal gain can never be the basis for disclosures. A stricter standard is enforced when “external disclosures” or public accusations are made, except in cases where the revealed wrongdoings were particularly serious.
In whistleblower cases it is imperative that you get advice or guidance from an experienced employment solicitor before revealing unlawful practices. If you don’t follow established procedures and protocols you may not be protected by The Public Interest Disclosure Act 1998 and your solicitor may not be able to succeed in a Birmingham Employment Tribunal compensation claim. Our employment law solicitors deal with compensation claims heard by the Birmingham Employment Tribunal by using the risk free no win no fee scheme. You do not have to pay anything upfront and in the unlikely event that you do not receive compensation, you will not be charged any legal costs. If you would like legal advice at no cost and without further obligation from an experienced employment solicitor just call the helpline or complete the contact form or email our offices.