Making a Whistleblowing Claim: A Step-by-Step Guide for Employees

In an ideal world, workplaces would be havens of fairness, transparency, and respect. However, when unethical or illegal activities occur within an organisation, it may fall upon the shoulders of employees to speak out. 

If you're based in the UK and find yourself in a position where you need to report wrongdoing, this article will give you a clearer understanding of what whistleblowing entails, when you can make a claim, and how to approach the process with confidence. 

What is whistleblowing? 

Whistleblowing refers to the act of reporting misconduct, typically within your place of employment. This could involve illegal activity, gross misconduct, fraud, health and safety violations, or other actions that harm the public interest. The goal is not to cause trouble or gain personal advantage, but rather to expose wrongdoing and protect others. 

In the UK, whistleblowing is protected under the Public Interest Disclosure Act 1998 (PIDA). This legislation ensures that employees who 'blow the whistle' are safeguarded against dismissal or victimisation.  

When considering whistleblowing on your employer, ensure that your concerns fit the criteria of a protected disclosure. Situations such as personal grievances unrelated to the public interest might not qualify as whistleblowing claims, and false claims may result in losing your protections under PIDA,  so understanding the distinctions will help you assess whether your case warrants a formal complaint. 

When to Consider Whistleblowing 

Deciding when to report unethical behaviour can be daunting. It's essential to first determine whether the issue at hand constitutes a matter of public interest. Is the suspected misconduct potentially harmful to others? Does it involve illegal activities or environmental damage? Answering 'yes' to these questions could indicate a valid whistleblowing claim. 

Before proceeding, consider the potential repercussions of your actions. Whistleblowing can strain professional relationships and may impact your position within the company. However, remember that legal protections are in place to shield you from unfair treatment. 

It's critical to gather evidence and document incidents as they occur. Detailed records bolster your claim and provide a clear account of events. Being prepared with concrete information strengthens your position should legal proceedings arise. 

Making a Whistleblowing Claim: Step-by-Step 

Once you've determined that your situation constitutes a whistleblowing claim, it's time to take action. There are a few steps you need to follow: 

Step 1: Internal Reporting 

Start by raising your concerns internally. Most companies have procedures for handling such reports, often outlined in their whistleblowing policy. Follow these guidelines and report your concerns to your immediate supervisor or designated whistleblowing officer. If these aren't options due to involvement or fear of reprisal, seek an alternative senior official within the organisation. 

When making your report, remain factual and concise. Present your evidence clearly, focusing on the key points. Avoid emotional language or accusations, and look to maintain professionalism throughout. 

Step 2: External Reporting 

If internal reporting doesn't resolve the issue, or if it's not feasible, you may need to escalate the matter externally. Depending on the nature of the misconduct, this could involve contacting relevant authorities or regulators such as the Health and Safety Executive (HSE) or the Financial Conduct Authority (FCA). 

Remember, external reporting doesn't automatically void your protection under PIDA. Ensure your disclosure aligns with the legal criteria for protection. 

Step 3: Seeking Legal Advice 

Whistleblowing claims can be complex, especially if you're unsure about the intricacies of the law. Consulting with a legal professional experienced in whistleblowing cases can provide clarity and reassurance. They can guide you through the process, helping you understand your rights and obligations. 

Legal advice is particularly crucial if you face retaliation or dismissal following your disclosure. An expert in employment law, such as a specialist barrister, can offer the necessary support to address these challenges effectively. 

What evidence do I need to make a whistleblowing claim? 

Evidence is the backbone of any whistleblowing claim. Without it, your allegations may lack credibility, hindering your chances of achieving a favourable outcome. Ensure you maintain a comprehensive record of all relevant incidents, including dates, times, locations, and the individuals involved. 

Photographic or video evidence, emails, and official documents can further substantiate your case. However, exercise caution when collecting evidence; avoid actions that may violate company policies or legal standards. 

If you're considering whistleblowing on your employer, an experienced barrister can have a significant impact on the outcome of your case. At Barrister Connect, we have a number of employment law barristers experienced in supporting whistleblowers. You can find out more about our employment practitioners here, or get in touch with our team here.