Whistleblowing Lawyers
Glasgow, Scotland

Expert Whistleblowing Solicitors in Glasgow

Miller Samuel Hill Brown are leading Scottish employment lawyers based in Glasgow. Our employment law team has extensive experience advising clients across Scotland on whistleblowing issues, including public interest disclosures, detriment claims, unfair dismissal, internal investigations and employer liability.

We act for employees and workers who have raised concerns at work, along with employers who need to respond lawfully to whistleblowing disclosures.

What Is Whistleblowing?

Whistleblowing occurs when a worker reports certain types of wrongdoing that affect others or the wider public interest. In legal terms, this is known as making a protected disclosure.

A disclosure may relate to wrongdoing that has already happened, is happening now, or is likely to happen in the future.

Whistleblowing protection exists to help people raise genuine concerns without being punished for speaking up. A worker should not be dismissed, demoted, disciplined, victimised or treated unfairly for making a protected disclosure.

Who Is Protected by Whistleblowing Law?

Whistleblowing protection applies to workers, which is wider than employees. This can include:

• Employees
• Agency workers
• Trainees
• Some self-employed contractors
• NHS workers
• Police workers
• Other individuals who meet the legal definition of worker

You do not usually need a minimum period of service to bring a whistleblowing claim. This means protection may apply from the start of the working relationship.

What Counts as a Protected Disclosure?

For whistleblowing protection to apply, the disclosure must usually relate to one or more legally recognised categories.

These include:

• A criminal offence
• Breach of a legal obligation
• Health and safety risks
• Environmental damage
• Miscarriage of justice
• Covering up any of the above

The disclosure must contain information, not just a general allegation. The worker must reasonably believe the information is true and that the disclosure is in the public interest.

Public Interest Disclosures

A concern must affect more than a purely personal workplace dispute. For example, reporting unpaid wages may be a personal grievance. Reporting a company-wide practice that breaches legal duties may meet the public interest test.

The public interest requirement can be complex. Our solicitors can advise whether your disclosure is likely to qualify for protection.

Who Should You Make a Disclosure To?

In many cases, the safest first step is to raise the concern with your employer through the correct internal process. This may involve speaking to a manager, HR department, compliance officer or designated whistleblowing contact.

In some circumstances, a disclosure may be made to a prescribed person, such as a regulator or public authority. The correct route will depend on the nature of the concern.

Taking legal advice before making an external disclosure can reduce the risk of losing legal protection.

Treatment After Whistleblowing

If you suffer unfavourable treatment after raising a protected disclosure, you may have a legal claim.

Examples of whistleblowing detriment include:

• Disciplinary action
• Demotion
• Bullying or exclusion
• Loss of duties
• Reduced hours
• Damage to career prospects
• Suspension
• Dismissal

Employers can be liable for the actions of managers or colleagues where a worker is treated badly due to whistleblowing.

Whistleblowing and Unfair Dismissal

Where an employee is dismissed mainly because they made a protected disclosure, the dismissal may be automatically unfair.

This is different from an ordinary unfair dismissal claim. Whistleblowing dismissal claims do not usually require two years’ service.

Employment Tribunal claims are subject to strict time limits. In most cases, a claim must be started within three months less one day from the dismissal or act of detriment.

Advice for Employees and Workers

If you have raised concerns at work and now face negative treatment, we can help you understand your legal position.

Our whistleblowing lawyers can advise on:

• Whether your disclosure is protected
• How to raise concerns safely
• Internal grievances
• Settlement agreements
• Employment Tribunal claims
• Compensation for financial loss
• Claims for injury to feelings where relevant
• Negotiating exits from employment

We provide clear advice on the strength of your claim, likely outcomes and practical next steps.

Advice for Employers

Whistleblowing complaints must be handled carefully. A poor response can lead to Employment Tribunal claims, reputational harm and wider workplace issues.

We advise employers on:

• Whistleblowing policies
• Internal investigations
• Managing protected disclosures
• Staff training
• Disciplinary issues linked to whistleblowing
• Defending Employment Tribunal claims
• Settlement negotiations

Employers should keep clear records, investigate concerns fairly and avoid any retaliatory treatment against workers who raise protected disclosures.

Why Choose Miller Samuel Hill Brown?

Our Glasgow employment solicitors combine technical expertise with practical workplace experience. We understand the sensitivity of whistleblowing cases and the impact they can have on both individuals and organisations.

Clients choose us for:

We act for clients in Glasgow, Edinburgh, Aberdeen, Dundee and across Scotland.

Frequently Asked Questions