When raising a protected disclosure, otherwise known as whistle-blowing, workers are protected from suffering detriments and from being dismissed as a result of speaking up.
Sometimes, however, a situation might arise where an employee is dismissed anyway and for reasons which are not necessarily linked directly to making the disclosure.
In his latest article, Employment Solicitor Chris Dobbs discusses this…
What is whistle-blowing in employment law?
Whistle-blowing is very closely defined in law. It refers to a disclosure made, often in a certain way, about a genuine belief that one of six things has happened, is happening, or is likely to happen. These are:
- A criminal offence
- A failure to comply with a legal obligation
- A miscarriage of justice
- An endangerment to health and safety
- Environmental damage
- The covering-up of one or more of the above
Are whistle-blowers protected by law?
In disclosing this belief, a worker is protected under the Employment Rights Act from being poorly treated up to and including being dismissed where the reason for the treatment and/or dismissal can be said to be the disclosure itself.
Kong v Gulf International Bank (UK) Limited
In the long-running case of Kong v Gulf International Bank (UK) Limited, Ms Kong made several disclosures which were held to amount to whistle-blowing.
One in particular related to the conduct of the Respondent’s head of legal, Ms Harding, about the quality of a legal document.
Ms Harding took offence to this and felt that Ms Kong had been questioning her professional integrity which led to a dispute between the two.
Ms Harding left the room, slamming Ms Kong’s door behind her and went on to make comments to colleagues about what had happened.
What was the claim and what did the tribunal find?