Our solicitors act exclusively in employment law and provide representation on matters related to employment disputes in Liverpool. Our specialist solicitors are qualified to advise and represent employees in cases of whistleblowing. They utilise the no win no fee scheme to make bringing a whistleblower compensation claim completely risk free. If you do not win your whistle blower compensation claim, you pay absolutely nothing to your solicitor.

Public Interest Disclosure Act 1998

Whistleblowing is the common term for making a public disclosure about wrongdoing in your place of employment. The Public Interest Disclosure Act 1998 was introduced to protect the rights of employees who make these public disclosures. It is often referred to as the Whistleblowers' Act. The purpose of the Act is to encourage individuals to speak out when they encounter illegal behaviour in the workplace, knowing they will be protected from termination or victimisation.


The legislation protects employees in two ways. First, employees are protected from unfair treatment in the workplace after they have made a public interest disclosure. You do not have to resign from your job in order to make a claim on the grounds of detrimental treatment. The legislation also makes it unlawful for an employer to terminate employment for whistleblowing. In addition to employees, the legislation also covers self-employed persons, agency workers and people who are not yet employed but are in training with the employer.

Qualifying Disclosures

The legislation does not protect all whistleblowers regardless of the subject matter of the disclosure. Rather, the information being brought to light must be considered a "qualifying disclosure." Under the Public Interested Disclosure Act 1998. Employees are protected when making disclosures related to any of the following:

  • Criminal activities.
  • Environmental destruction.
  • Health and safety infractions.
  • Failure to comply with a legal duty.
  • Miscarriages of justice.
  • Attempting to cover-up or conceal information related to any of the actions listed above.

Unfair Dismissal

If an employer violates either right prescribed by the statute, then the offended employees solicitor can make a claim in the Liverpool Employment Tribunal. Should emploment be terminated for whistleblowing, it is automatically classified as an unfair dismissal. In the context of whistleblowing, there is no set length of employment required in order to bring a claim and there is no statutory cap on the amount of damages that can be awarded.

Protection Requirements

In order to gain protection under the Public Interest Disclosure Act 1998, there are certain steps the employee must take and certain criteria they must meet. The statute requires that the employee first raise their concerns with the employer or to one of the statutorily prescribed authoritative bodies. The employee must make the disclosure in "good faith" with a reasonable belief that the incident or behaviour actually occurred. Also, the employee must not be acting for personal gain.

More stringent requirements must be met if the disclosure is made publicly, such as to the press or media. These are known as "external disclosures". However, in cases where the malpractice being disclosed is of an exceptionally serious nature these requirements do not have to be met before making the disclosure.

Solicitors Legal Advice

If you are considering blowing the whistle on unlawful practices occurring within your organisation, you are well advised to first speak with a lawyer. A solicitor can help make sure that you follow the statutory requirements for protected whistleblowing. Taking the wrong steps can cost you your right to bring a claim for compensation to the Employment Tribunal in Liverpool if you are unfairly dismissed or subjected to detrimental treatment as a whistleblower. Our solicitors provide free, confidential legal advice. For a no charge, no obligation consultation with an employment solicitor, complete and send the contact form or call our helpline or email our offices.


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