Whistleblowing Dismissals: What Does The Decision-Maker Need To Know?

EAT: decision-maker must have some knowledge of the whistleblower's concerns

It is automatically unfair to dismiss an employee because they have made a protected disclosure or "blown the whistle".

The compensatory award for ordinary unfair dismissal claims is capped at the lower of £115,115 and one year's gross pay for the claimant. But it is important to note that there is no financial cap on compensation where a dismissal is found to be because of a protected disclosure. Where an employee's losses are likely to be significant, a finding of automatic unfair dismissal for whistleblowing can therefore be particularly costly for employers.

What is a protected disclosure?

For a disclosure to be protected: