Understanding Protected Disclosure Legislation

Understanding the nuances of protected disclosure legislation is crucial for both employers and employees. Here at PJE Solicitors, we recognise how important it is for all parties to have full awareness of the legislation at play in such cases. This blog post will delve into the key aspects of protected disclosure legislation and shed some light on its significance in the workplace.

What is protected disclosure?

Protected disclosure, known to many as whistleblowing, refers to the act of an employee revealing information about wrongdoing within their organisation. This disclosure is only considered ‘protected’ if it meets a set of specific criteria, as outlined in the legislation on the matter. Protected disclosures can range in nature from breaches of legal obligations to health and safety concerns, making it a vital aspect of employment law.

The legal framework

Employment solicitors play a crucial role in navigating the legal landscape surrounding protected disclosures. The legislation in the UK that protects whistleblowers is primarily found in the Public Interest Disclosure Act 1998. This safeguards employees from unfair treatment or dismissal as a result of making a protected disclosure, ensuring that individuals can speak out without fear of retaliation.

Qualifying disclosures

To be considered a protected disclosure, the information shared by an employee must meet certain criteria. It should relate to specific types of wrongdoing, including criminal activities, failure to comply with legal obligations, health and safety violations, and environmental damage. Understanding these categories and what falls into them is essential for employees seeking protection under the legislation.

Employer responsibilities

Employers must be aware of their responsibilities when it comes to protected disclosures. Employment law advice is often sought to ensure that organisations have robust policies in place to encourage whistleblowing and protect those who come forward. Establishing clear procedures for reporting concerns and investigating disclosures is vital for creating a transparent and supportive workplace environment.

Employee protections

Protected disclosure legislation is designed to shield employees from any adverse actions taken against them as a result of whistleblowing. This protection extends to unfair dismissal, detriment or victimisation. Employment solicitors can guide employees on their rights and help them seek redress if they face any negative repercussions for making a protected disclosure.

Seeking employment law advice

Given the complexity of protected disclosure legislation, seeking expert employment law advice is crucial for both employers and employees. Whether you need assistance in drafting comprehensive whistleblowing policies or require guidance on navigating a protected disclosure situation, the team of experienced employment solicitors here at PJE Solicitors is here to help. If you have any questions or would like to discuss this matter with a professional, don’t hesitate to get in touch.