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28 July, 2015

Whistleblower Employment Compensation Claims& Victimisation

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Whistle-blower protection and the subsequent protection from victimisation are vital to protect workers from reprisals in the workplace.

The Public Interest Disclosure Act 1998

The Act, enacted to safeguard worker’s rights when a worker publicly exposes or reveals illegal processes or conduct within their workplace. The Act is frequentlycalled “The Whistle Blowers’ Act,” but can be applied to victimisation in similar circumstances because itprovides protections to workers who might have specific knowledge pertaining to, or were witness to an unlawful or corrupt system or behaviour, including discriminationwhere they work. This Act enables workers the ability to expose wrongdoing at work without worries of retribution.

This Act furnishes specificsafeguards in two significant ways:

1. The employee is protected from mistreatment or adverse action at work subsequent to furnishing evidence of corrupt or illegal behaviour or action.
2. The employee is protected from termination based solely on the whistleblowing actions. Claims of mistreatment include all employment activities, wages, bonuses, benefits, training, transfers for advancement, and promotions. The Act provides protection for all workers, regardless or status.

Qualifying Disclosures

The Public Interested Disclosure Act 1998 necessitates a standard or “qualifying disclosure” to apply, the behaviour or conduct exposed must be one of the following:
• criminal activity
• environmental destruction
• safety or health infractions
• neglecting legal responsibilities
• miscarriage of justice
• the attempted cover-up pertaining to any of the above

When the employer or management violates any portion of the Act, the worker, if dismissed can raise a grievance to the Employment Tribunal. Any dismissal based solely on the whistleblowing activity is accordingly classified as an unfair dismissal. No ceilings or caps are applied to the compensatory awards of damage, and minimum employment requirements are waived.

Protection Requirements

The Public Interest Disclosure Act 1998 requires the distinct criterion is met when an employee applies for protection. An employee must communicate any grievances to his or her supervisor or other authorities, such as trade union representatives. “Good faith,” which is a standard applied in disclosuresmeans the employee has a compelling reason or belief that the events and/or offensive acts actually happened. The basis for a disclosure can never be personal gain.

Victimisation

What is victimisation? Victimisation happens when you are treated less favourably than others at work due solely to your cooperation or support of another person in reporting or revealing discrimination. All workers have the right to be treated in a fair and just way. When people placed in positions of authority, conduct business unfairly based on a workers race, sexual status or orientation, religion, or nation of origin that is discrimination and reporting the offender is the right thing to do. However, it can place the individual in a tough position within the workplace if adequate safeguards are not enacted and enforced.

Employees who report discriminatory practices are often referred to as troublemakers, co-workers are often told to ignore them or stay away from them, and training, bonuses, opportunities for advancement and other employment benefits may be withheld.

There are many statutes, acts and regulations that seek to safeguard workers from discrimination and victimisation, such as the Equality Act 2010, the Health and Safety at Work Act 1974, the Employment Equality Regulations 2005, as well as others.

What Constitutes Victimisation?

The Equality Act 2010and the Public Interest Disclosure Act 1998 holds an employer liable when one of their workers is discriminated against or harassed due to raising a grievance or because they support another person who has raised a grievance or made application to the Employment Tribunal when that worker receives less favourable treatment than others, is treated with scorn or contempt aftersupporting another workers case for discrimination, or otherwise complains of discriminatory practices. Any negative, detrimental, or hostile treatment thatresults from taking part in a racial discrimination claim, even the simple grievance brought to management, can result in a significant compensatory damage claim at the Employment Tribunal for victimisation. For More Information Visit: Unfair Dismissal Solicitors