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Whistleblowing claims arise where an individual is disadvantaged or dismissed by their employer because they have, in general terms, made a disclosure in the public interest, raising concerns about potential wrongdoing within their organisation.
We can help you to understand whether or not you should blow the whistle and if so, how to do so; usually this will be in writing without delay and it is important that you provide sufficient information for your employer to understand the full nature of your concerns, including your genuine belief that you are raising your concerns in the public interest.
There is no general legal obligation to disclose wrongdoing, but you may be under a regulatory obligation to do so, for example, if you are a senior manager for FCA purposes. We will help you to understand what your obligations and rights as a whistle-blower are and in that context, advise you strategically to achieve your desired outcome; whether that is to remain employed or to achieve a negotiated exit or settlement.
We understand that it can be daunting and takes courage to blow the whistle, and that it is stressful and upsetting to be disadvantaged for doing so. If as a result of blowing the whistle, you have been isolated or excluded, subjected to unfair performance management or disciplinary processes, overlooked for promotion, not received a pay rise, bonus or other benefits, or in the worst case, dismissed, the law in this area is designed to protect you. We are specialists in this field and have the expertise to support you in articulating your concerns effectively and appropriately in order to safeguard you from further detriment and to achieve a resolution that compensates you financially, and preserves your reputation and on-going career.
If you have concerns about wrongdoing in your workplace but are unsure about how best to raise those concerns, or if having done so, you are concerned you are being disadvantaged, please do get in touch; we are here to help.
Examples of our work:
- Acting for head of oil and gas for an investment bank in respect of concerns they had raised that their job description did not accord with the role for which they were subject to the FCA SMCR regime. Achieved a substantial six figure settlement.
- Acting for the chief risk officer for a large commercial insurance and reinsurance company in relation to their dismissal due to alleged poor management style, following disclosures they had made in relation to racial bias in the systems and controls of a regulated cover holder. Proceedings were issued but settled prior to trial.
- Acting for a director of a construction company in relation to his dismissal for alleged poor performance having raised serious health and safety concerns connected with Grenfell like construction failures. Achieved a substantial six figure settlement.
- Acting for a chief investment advisor for a substantial family office in relation to health and safety concerns raised during the Covid-19 lockdown and the requirement to attend the workplace.
- Acting for the CEO of an NHS hospitals trust in relation to their suspension and dismissal having informed the Trust of its legal obligation to consult in relation to the transfer of cancer services from one region to another. We obtained Judgment in our client’s favour at Tribunal.
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