“Whistleblowing” is the practice of exposing wrongdoing or corruption in the workplace. More formally, people who whistleblow are said to have made a disclosure in the public interest. Obviously, it is in the interests of the law to protect people who make such disclosures from repercussions. The specialist employment lawyers at Miller Samuel Hill Brown Solicitors have extensive experience acting for clients across Scotland on matters concerning Whistleblowing.
Whistleblowers are protected provided that:
The categories of disclosure which are protected are disclosures relating to:
For the disclosure to be protected, it must be made:
As from June 2013, an employer may also be vicariously liable where any of its employees treat a whistleblower less favourably because they have made a disclosure, even if the employer is not directly responsible for that less favourable treatment.
To succeed in such a claim, the employment tribunal must be persuaded that the whistleblower has complied with all of the requirements as are set out above regarding the nature of the disclosure, ensuring it is made in good faith and ensuring that it is made to the right person.
Thank you very much for your excellent advice and support throughout the whole process, which I have valued greatly.