Whistleblowing – for Senior Executives

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 clients to understand whether or not they should ‘blow the whistle’ and if so, how to do so.

There is no general legal obligation to disclose wrongdoing, but clients may be under a regulatory obligation to do so (under the FCA or SRA rules for example). We will help clients to understand what their obligations and rights as a whistle-blower are, and in that context, advise strategically to achieve the 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, an individual is then isolated or excluded, subjected to unfair performance management or disciplinary processes, overlooked for promotion, not awarded a pay rise, bonus or other benefits, or in the worst case, dismissed, the law in this area is designed to protect them. We are specialists in this field and have the expertise to support clients in articulating their concerns effectively and appropriately in order to safeguard themselves from further detriment and to achieve a resolution that compensates them financially, and preserves their reputation and on-going career.

Contact our team
Experience:
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.