Whistleblowing

MML Law

Whistleblowing

As you might expect from such a potentially sensitive issue, whistleblowing can be extremely stressful for the individual employee and will often have serious consequences for the company involved. If there’s a situation in the workplace that’s causing concern to you, something that really should be brought to the attention of others, keeping quiet about it will surely only increase your stress levels.

As a general rule, whistleblowing cases tend to centre on six definitive categories:

  • Where a criminal offence is taking place
  • When there’s a breach of a legal obligation
  • Incidents that lead to a miscarriage of justice
  • Where there is a danger to health and safety
  • A situation or practice that causes environmental damage
  • Deliberate concealment of any of the above practices

For the individual who is thinking about blowing the whistle, there’s often a tendency to wrestle with the conscience before deciding whether or not to expose the truth. Usually, the employee has a loyalty to the employer, and this makes it difficult to reveal improper or illegal activity. It’s worth noting, however, that saying nothing can often lead to further problems as time goes by.

The employment law specialists at MML Law have handled many cases of whistleblowing in the past, often as a result of unlawful punishments of those who decided to speak out, such as workplace bullying and even of summary dismissal. Reputable companies that genuinely want to operate properly and safely at all times are likely to encourage whistleblowers and to alter their practices for the better, but sadly there are too many instances of owners and managers who have reacted negatively at such times.

In UK law, it’s usually illegal to fire an employee who has decided to blow the whistle, so the individual has a great deal of protection. It should be noted, however, that the onus of providing proof of any wrong-doing is in the hands of that person. Before making any reference to improper or illegal conduct, it’s advisable to make sure all such communication is in writing rather than verbal. If there’s a paper trail of the processes, so much the better

If you’re battling with your conscience about an immoral or illegal practice within your organisation, it’s important to remember that exposing such issues is within the public interest. Saying nothing about a major breach of health and safety standards, to use an example, could of course lead to an individual suffering a serious injury or even a fatality.

In recent years, whistleblowing has become an increasingly common practice, and it’s one that can help businesses and other organisations to improve standards dramatically. It’s important that you, as the whistleblower, are treated fairly from the start, and if that hasn’t happened you need to have the team from MML Law in your corner.

We’ve represented workers in a number of industry sectors, individuals who feel they were treated unfairly as a result of their actions. If this has happened to you, contacting our team is the most sensible first step. All you have to do is call 01382 206 000 and have a chat with our helpful and knowledgeable professionals. We’ll put you at your ease and explain all the options that are open to you. We look forward to hearing from you soon.

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