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This fact sheet will give you some basic information about whistleblowing. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• What is whistleblowing?
• Who is protected?
• What protection do I get?
• How do I qualify for protection?
• How does it work in practice?

What is whistleblowing?

"Whistleblowing" is when you raise an ethical or legal concern about the activities of the organisation you work for. This could be, for example, because the employer is knowingly breaking the law by polluting a river or corruptly awarding contracts to family members. Both public organisations and private companies can be held responsible for these sorts of activities.

Who is protected?

Almost every type of worker is protected, including employees, freelancers, people on training courses, agency staff and directors. The self-employed are not covered.

What protection do I get?

It is illegal for your employer to disadvantage you in any way because you have passed on information you believe shows wrongdoing.

It is illegal for your employer to disadvantage you in any way because you have passed on information you believe shows wrongdoing. It is also illegal for them to dismiss you if the main reason is because you are a whistleblower.

There is no qualifying period - you are protected from dismissal from the first day of your employment. There is no limit to the amount you can receive in compensation if you are illegally dismissed for whistleblowing.

How do I qualify for protection?

You are protected providing you can show you had a good reason to believe the information you passed on shows wrongdoing that is either:

• A criminal offence
• A failure to carry out a legal obligation
• A miscarriage of justice
• Causing a risk to health and safety
• Causing environmental damage
• Concealing information that would show any of the above.

Normally you will need to complain to your employer first, although this isn't always the case. For example, if your concern is about health and safety, you could go straight to the Health and Safety Executive.

Most employers have a whistleblowing policy and you should follow this. If you are thinking about passing on any information about wrongdoing, to your employer or outside, you should probably get legal advice first.

How does it work in practice?

Even if you are revealing information about wrongdoing or if you have been disadvantaged or dismissed it does not mean you will win your case. The main difficulty is proving your treatment was because you are a whistleblower and not for some other reason.

Employers often argue someone has been disciplined because they haven't been performing well or are guilty of misconduct, not because they have reported wrongdoing. They often say the information wasn't revealed in good faith.

This sort of response can be challenged, but you will need to get as much evidence as possible to do this.