The legislation that protects whistleblowers is now exposed as seriously flawed. As well as protecting employees who raise genuine concerns about malpractice in the workplace, the law is at risk of being exploited by those whose future employment may be threatened for entirely legitimate reasons and, by adding to the increasing regulatory burden on employers, bringing the laudable objectives of the legislation into disrepute.
The protection is extended to those who make a ‘protected disclosure’. The protection is considerable. Whistleblowers are shielded from victimisation: if they are dismissed, any such dismissal is automatically unfair and the compensation for such a dismissal is uncapped. In addition, if the individual is quick off the mark, there is the possibility of an employment tribunal making an order to keep the employment contract in place until the claim is determined, effectively setting aside any purported act of dismissal by the employer.
