Employment Law Services
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We've recently posted in our blog about a couple of Scottish businesses that found themselves at the wrong end of an employment tribunal award but here's another company who have fallen foul of employment legislation:
A council worker has been awarded compensation of £442,466 after being dismissed for whistleblowing.
Pauline Scanlon was working for Redcar Cleveland Council as an equalities officer when she complained that an appointment of new management was in breach of the council's equal opportunities policy since the position had not been advertised. After making this complaint, she was at first suspended and then dismissed from her £25,000-a-year job.
The high level of compensation was based on loss of earnings, as well as loss of future earnings, the expenses involved in seeking other work, pension loss, injury to feelings, aggravated damages and interest.
Protection for whistleblowing
Provisions introduced by the Public Interest Disclosure Act 1998 (and, in Northern Ireland, the Public Interest Disclosure (Northern Ireland) Order 1998) protect most employees and workers from being subjected to a detriment by their employer if they disclose information where they reasonably believe that one or more of the following matters is either happening now, took place in the past, or is likely to happen in the future:
The thinking behind this law is that a worker should be able, out of a sense of public duty, to make disclosures about wrongdoing without fear of reprisals or adverse consequences.
A detriment may take a number of forms, such as denial of promotion, facilities or training opportunities, which the employer would otherwise have offered. Employees who are protected by the provisions may make a claim for unfair dismissal if they are dismissed for making a protected disclosure. Workers who are not employees may not claim unfair dismissal; however, if the employer has terminated their contract because they made a protected disclosure, they may instead make a complaint to an Employment Tribunal that they have been subjected to a detriment.
The disclosure must be made in good faith and not, for example, by the desire to advance a grudge against the employer.
The Employment Rights Act 1996 (and, in Northern Ireland, the Employment Rights (Northern Ireland) Order 1996) provides additional protection to employees who raise concerns about health and safety matters. For example, it would be automatically unfair to dismiss an employee who acts to protect themselves or others from serious and imminent danger.
A council worker has been awarded compensation of £442,466 after being dismissed for whistleblowing.
Pauline Scanlon was working for Redcar Cleveland Council as an equalities officer when she complained that an appointment of new management was in breach of the council's equal opportunities policy since the position had not been advertised. After making this complaint, she was at first suspended and then dismissed from her £25,000-a-year job.
The high level of compensation was based on loss of earnings, as well as loss of future earnings, the expenses involved in seeking other work, pension loss, injury to feelings, aggravated damages and interest.
Protection for whistleblowing
Provisions introduced by the Public Interest Disclosure Act 1998 (and, in Northern Ireland, the Public Interest Disclosure (Northern Ireland) Order 1998) protect most employees and workers from being subjected to a detriment by their employer if they disclose information where they reasonably believe that one or more of the following matters is either happening now, took place in the past, or is likely to happen in the future:
- A criminal offence
- The failure to comply with legal obligations
- A miscarriage of justice
- A danger to the health or safety of any individuals
- A danger to the environment
- Deliberate covering up of information tending to show any of the above five matters
The thinking behind this law is that a worker should be able, out of a sense of public duty, to make disclosures about wrongdoing without fear of reprisals or adverse consequences.
A detriment may take a number of forms, such as denial of promotion, facilities or training opportunities, which the employer would otherwise have offered. Employees who are protected by the provisions may make a claim for unfair dismissal if they are dismissed for making a protected disclosure. Workers who are not employees may not claim unfair dismissal; however, if the employer has terminated their contract because they made a protected disclosure, they may instead make a complaint to an Employment Tribunal that they have been subjected to a detriment.
The disclosure must be made in good faith and not, for example, by the desire to advance a grudge against the employer.
The Employment Rights Act 1996 (and, in Northern Ireland, the Employment Rights (Northern Ireland) Order 1996) provides additional protection to employees who raise concerns about health and safety matters. For example, it would be automatically unfair to dismiss an employee who acts to protect themselves or others from serious and imminent danger.
