Public Concern at Work has published its extensive research into employment tribunal judgments handed down between 2011 and 2013 which involve a whistleblowing claim. During this time whistleblowing protection law has been amended to include a public interest test, good faith is no longer a requirement to have a successful claim and employers may be found vicariously liable for failing to take reasonable steps to protect whistleblowers. The main findings in the report, ‘Is the law protecting whistleblowers? A review of PIDA claims’, are as follows:

– The majority of claimants (53%) were not represented by a lawyer.

– There was a significant rise in the quantity of costs ordered against parties and claimants are 4 times more likely to have costs awarded against them than respondents.

– There has been a 20% drop in whistleblowing claims since the introduction of employment tribunal fees.

– Only 7% of whistleblowers were successful at interim relief hearings.

– £7.3 million compensation was awarded in whistleblowing claims.

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.