What Is a Protected Disclosure
A protected disclosure is information that you reasonably believe tends to show a criminal offence, a breach of a legal obligation, a miscarriage of justice, a danger to health or safety, damage to the environment, or deliberate concealment of any of these matters. The disclosure must be made in the public interest.
Who You Can Tell
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Disclosures to your employer or a legal adviser are automatically protected. Disclosures to a prescribed regulator (such as the FCA, HMRC, HSE, CQC, or the Information Commissioner) are protected if you reasonably believe the information is substantially true. Wider disclosures -- to the media, for example -- have stricter requirements.
No Qualifying Period
Unlike unfair dismissal, there is no qualifying period for whistleblowing protection. You are protected from your first day of employment. The compensation is also uncapped, making whistleblowing claims potentially very valuable where the detriment has been significant.
What Protection You Have
It is unlawful to subject a worker to any detriment because they made or are believed to have made a protected disclosure. If you are dismissed because of a protected disclosure, the dismissal is automatically unfair with uncapped compensation. Detriment short of dismissal -- for example, being passed over for promotion, being bullied, or having your role changed adversely -- is also unlawful.
Documenting the Disclosure
Document your disclosure carefully. Record what you disclosed, to whom, when, and in what form. Keep copies of any written disclosures. If the detriment begins shortly after the disclosure, the timing is strong circumstantial evidence of the connection between the disclosure and the treatment you received.