When a member of staff raises a complaint or an issue about work
or working practices, how do you identify if it's a genuine
complaint or just a workplace whinge?
The Public Interest Disclosure Act 1998 ("PIDA") was
introduced to give protection to workers who had raised legitimate
complaints about malpractice in the workplace. However, employers
also have an interest in uncovering wrongdoing within their
organisation so that they can deal with it before it causes serious
financial or status harm. Dealing with "whistleblowers"
appropriately can also help prevent Employment Tribunal claims
being brought.
The significance of whistleblowing claims is that no qualifying
period of service is required. Contrast this with
"ordinary" unfair dismissal claims where an individual
(if they started employment on or after 6 April 2012) needs two
years' service before they can bring a claim. For those whose
employment started before that date, the qualifying period is one
year.
