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Expert Legal Services for Whistleblowing Claims

Your path to justice with our expert legal services

Have you faced unfair treatment for raising concerns at work?

Our expert legal team is here to fight for your rights and secure the compensation you deserve. Whistleblowing is a courageous act, and employees who expose wrongdoing should be protected, not punished. At Ricci & Partners, we specialise in guiding individuals through the complexities of whistleblowing claims, ensuring you receive the justice and fair treatment you deserve.

Understanding Whistleblowing

Whistleblowing occurs when an employee reports illegal or unethical activities within their organisation. Under UK law, employees are protected from retaliation for making such disclosures. Common examples include:

  1. Health and Safety Violations: Reporting unsafe working conditions or practices.

  2. Fraud and Corruption: Exposing financial misconduct or corrupt activities.

  3. Legal Violations: Reporting breaches of laws and regulations.

  4. Environmental Damage: Highlighting activities that harm the environment.

  5. Abuse of Power: Exposing misconduct by those in positions of authority.

Legal Protections for Whistleblowers

The Public Interest Disclosure Act 1998 (PIDA) provides robust protections for whistleblowers. Employees who make a protected disclosure are safeguarded against unfair dismissal and detrimental treatment. Employers must:

  • Ensure Confidentiality: Protect the identity of whistleblowers where possible.

  • Prevent Retaliation: Ensure whistleblowers are not subjected to unfair treatment or dismissal.

  • Take Disclosures Seriously: Investigate reported concerns thoroughly and promptly.

How to Make a Whistleblowing Claim

If you believe you’ve been unfairly treated or dismissed for whistleblowing, follow these steps to bring a claim:

  1. Document the Disclosure: Keep records of the disclosure, including dates, times, locations, involved parties, and any witnesses. Save relevant documents like emails and reports.

  2. Raise the Issue Internally: Use your employer’s whistleblowing policy to report the issue to HR or your line manager.

  3. Seek Legal Advice: Consult an employment law specialist to understand your rights and assess your case.

  4. Early Conciliation with ACAS: Notify the Advisory, Conciliation and Arbitration Service (Acas) and attempt to resolve the dispute through early conciliation.

  5. Employment Tribunal Claim: If conciliation fails, file a claim with the Employment Tribunal within three months of the discriminatory act. Submit the ET1 form with your evidence.

  6. Tribunal Hearing: Present your case at the Tribunal, where both parties will provide evidence, and the Tribunal will decide based on the facts presented.

How We Can Help

Navigating a whistleblowing claim can be complex. Our experienced employment law solicitors offer invaluable support throughout the process:

  1. Initial Consultation and Case Assessment: We provide an initial consultation to understand your case and explain your rights and options.

  2. Gathering Evidence: We assist in collecting and organising evidence to support your claim, including documenting circumstances and obtaining witness statements.

  3. Negotiation and Mediation: Our skilled negotiators strive to resolve disputes without Tribunal proceedings, including negotiating settlements.

  4. Employment Tribunal Representation: We meticulously prepare and present your case at the Tribunal, ensuring robust legal arguments and evidence.

  5. Post-Tribunal Support: If you win, we help enforce the Tribunal’s decision. If not, we advise on potential appeals or other legal avenues.

Whistleblowing is essential for maintaining ethical standards and transparency within organisations. However, it is unjust and unlawful for whistleblowers to face retaliation. If you are facing unfair treatment or dismissal for whistleblowing, it is crucial to know your rights and take appropriate action. Our legal team is here to support you every step of the way, ensuring you receive fair treatment and justice. Contact us today for a consultation and let us help you navigate your whistleblowing claim with confidence and expertise.

Justina Ricci

Head of the Department
Employment Lawyer
justina.ricci@ricciandpartners.co.uk

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Frequently Asked Questions

What constitutes whistleblowing in the workplace?

Whistleblowing involves reporting illegal or unethical activities within an organisation, such as health and safety violations, fraud, legal breaches, environmental damage, or abuse of power.

How do I know if I have been unfairly treated for whistleblowing?

If you’ve faced unfavourable treatment or dismissal after making a protected disclosure, you may be a victim of retaliation. Document all relevant incidents to support your case.

What evidence is needed to prove whistleblowing retaliation?

Records of communication with your employer, termination notice, witness statements, and documents showing the reason for dismissal or unfair treatment.

How long do I have to file a whistleblowing claim?

Claims must be filed within three months less one day from the date of the unfair treatment or dismissal, starting with ACAS Early Conciliation.

What can I expect from the ACAS Early Conciliation process?

ACAS attempts to resolve disputes through conciliation before tribunal proceedings.

What happens if Early Conciliation fails?

You can proceed with a tribunal claim if conciliation is unsuccessful.

What remedies are available if my whistleblowing claim is successful?

Compensation for lost earnings, damages for emotional distress, reinstatement or re-engagement, and potentially ordering the employer to take specific actions.

Can I make a claim if I am still employed by the discriminating employer?

Yes, but seek legal advice to understand potential implications.

What costs are involved in making a whistleblowing claim?

Costs may include legal fees and tribunal costs; some solicitors offer no-win-no-fee arrangements.

How can your legal services help with my whistleblowing claim?

Comprehensive support from consultation to tribunal representation and post-tribunal assistance.

Why Us?

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Our services are 5 star rated. Our client feedback is a testament to our commitment to provide excellent customer care and to exceed expectations in our service delivery. 

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We are thorough and will work tirelessly to ensure that you get the best deal possible not only in terms of monetary value, but also the wording of your agreement. 

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