Tactical Whistleblowing
JUNE 2009
In these difficult economic times, alert employees are pre-empting a threat to their employment and seeking to protect their position by threatening or bringing a claim against their employer. In recent months, we have seen a rise in employees raising allegations of whistleblowing and/or constructive dismissal and employers facing such allegations.
Whistleblowing happens where an employee who makes a “qualifying disclosure” (such as reporting that a legal duty has been breached or a person’s health or safety has been endangered) to their employer, a regulator or some other responsible person. In certain circumstances, such disclosure means that the employee is protected from being dismissed or subjected to a detriment because of the disclosure which they made. Employees are using whistleblowing situations to challenge any decision to terminate their employment by arguing that the real reason for their dismissal was because they “blew the whistle” and that therefore their dismissal is unfair.
Constructive dismissal arises where an employee resigns immediately, or at the very least without undue delay, from their employment in direct response to a fundamental breach of the employment contract by their employer. If the employee has over one year’s service, they can then bring an unfair dismissal claim in the Employment Tribunal. More employees, who think that their employment may soon be terminated, for example by reason of redundancy, are leaving and claiming constructive dismissal before the employer has a chance to consult with them and carry out a process to terminate their employment.
If you are an employer facing a whistleblowing or constructive dismissal allegation or if you are an employee and you feel that your employment is under threat and the circumstances described above may apply to you, please contact us for advice. We have expertise in acting for both employers and employees on a cost effective basis.
If you would like any further information about the issues raised in this newsletter, or any other aspect of employment law, please contact Alison Downie on 0207 404 0606, Partner of Goodman Derrick LLP's Employment Department.
This guide is for general
information and interest
only and should not be
relied upon as providing
specific legal advice. |
