The Role of Trade Unions in Supporting Whistleblowers
Whistleblowing is courageous and an act of strength that often comes out of necessity. Whistleblowing is about acknowledging and exposing wrongdoing within a workplace. London is a large, global business and economic hub and so the risks for whistleblowers in the city can be particularly high, as the issues that can be uncovered and exposed can have implications for businesses and their reputation, and of course trust.
Whether you find yourself in a situation where you are uncovering financial misconduct or workplace discrimination or harassment, whistleblowers risk retaliation, such as dismissal or harassment themselves. This is where trade unions step in, playing a pivotal role in providing support, guidance, and protection under the framework of employment law. Damian McCarthy is an experienced employment law specialist. Within this post he discusses the importance of trade unions and the critical role they play in whistleblowing claims.
Understanding Whistleblower Protections in London
The Employment Law Act 1996 is part of the UK legal system and is there to protect whistleblowers. This act makes sure that individuals who disclose information are safeguarded from unfair treatment or dismissal. However, it is important to point out here that navigating these legal protections can be complex, particularly if you are unfamiliar with the Act, your rights and what is involved and the process of making a claim.
Trade unions are here to act as a bridge between employees and these legal protections. They provide advice and representation and give individuals the strength and confidence to speak up and come forward with concerns they have for themselves or someone else.
The Role of Trade Unions in Supporting Whistleblowers
Advising on Your Rights
One of the most valuable services that trade unions offer is how they educate their members on the legal stance and rights in relation to whistleblowing. This is key as it can truly help individuals understand what is classed as a ‘protected disclosure’ (the official legal name given to a whistleblowing claim) under the law.
They can also explain the different types of wrongdoing that qualify such as harassment, bullying or any act of wrongdoing and the importance of voicing your concerns over the wrongdoing that you have experienced or witnessed in the correct channels and methods, such as reporting a designated person or department within your organisation.
The knowledge that can be shared and learnt from a trade union equips employees with the power and confidence to make a claim but at the same time, whistleblowing cases can be legally complex, and so consulting with an employment law specialist like Damian McCarthy can provide additional legal clarity. Damian has extensive experience in handling whistleblower cases and offers expert guidance on navigating the legal landscape and protecting your rights.
Providing Emotional and Practical Support
‘Blowing the whistle’ can be daunting and can often be accompanied with the feeling of stress, worry and the fear of retaliation. Trade unions offer not only knowledge but also emotional support, reassuring whistleblowers that they are not alone. Below we have listed just a few of the key specific areas that trade unions can support you with;
- Taking the time to explain what whistleblowing is and how they can support you.
- Helping you create clear and concise disclosures.
- Guiding you on what they advise you to document and evidence.
- Providing emotional and practical support.
- Acting as an intermediary with management or external bodies.
- Ensuring confidentiality and protection.
- Helping you understand next steps if no action is taken.
Representation
Once a whistleblowing claim has been made, investigations follow, and these can often involve intense examination and scrutiny. It is the role of the trade union to represent their members during these proceedings, making sure that your voice is heard, and your rights are respected.
Union representatives can attend meetings with employers, provide legal support, and make sure that the investigation remains impartial protecting you from being unfairly treated, targeted or intimidated during the process. Taking the time to consult with an experienced employment law specialist like Damian McCarthy reinforces your position and case. Damian will make sure that your legal rights are protected and that the investigation adheres to the relevant legal protocols and processes, protecting you and your interests throughout.
Employment Tribunals
If you find yourself in a situation where retaliation occurs, such as unfair dismissal, harassment or bullying; it is the role of a trade union to make sure that justice is pursued through employment tribunals. Under the Employment Rights Act, whistleblowers who face unfair treatment can bring claims against their employers.
Taking the time to seek specialist legal representation from an expert like Damian McCarthy can significantly improve the likelihood of a successful outcome. A deep understanding of whistleblowing, the laws and protections that surround it means that Damian can provide you with the experience, knowledge and guidance, which is tailored to your case, working with the trade union to make sure that you receive the justice you deserve.
Using the resources of trade unions with the expertise of legal specialists like Damian McCarthy, whistleblowers can navigate their journey with confidence, knowing they have the right support to achieve the best possible outcome.
The Challenges Whistleblowers Face Without Trade Union Support
Whistleblowing protections are within the Employment Law Act 1996 but the reality of navigating the process without guidance can be overwhelming. Many employees fear retaliation and there being a significant impact on their career if they blow the whistle and are unsure how to present their concerns effectively. Individuals who do not have trade union support may be unaware that they have a right to make a claim at all and experience worry, isolation and stress without an emotional support network around them. Trade unions can reduce this gap and make sure that whistleblowers have the support, resources and expertise they need.
Steps for Employees Considering Whistleblowing
If you are in a position where you have experienced wrongdoing and you are contemplating blowing the whistle, then we recommend you follow these steps to protect yourself and strengthen your case.
- Consult Your Union – If you’re a union member, reach out for advice and guidance early in the process. Unions will provide you with support, explain your rights and guide you through the process.
- Understand the Law – Taking the time to do your own research is a critical step here so explore the Employment Rights Act 1996, specifically the areas around whistleblowing and protected disclosures. Understanding exactly what whistleblowing is and the laws around it will help you understand your position and how to move forward.
- Consult an Employment Law Specialist – Contacting an employment law specialist to assess your case and offer tailored support is invaluable as it makes sure that your rights are protected and you are equipped to navigate the process with confidence.
- Gather Evidence – Collecting all the evidence you can such as emails, reports, writing down conversations that have taken place and talking to people who may have witnessed you experiencing wrongdoing all add weight to and strengthen your claim and give it more credibility.
- Report Correctly – Follow the procedure that your organisation has in place. This is important as it shows that you are following all the relevant rules and procedures that you need to. Adhering to the correct process not only strengthens your case but also demonstrates professionalism and integrity in handling sensitive matters.
- Seek Representation – If retaliation occurs, now is the time to work with your union and employment law specialist to pursue a claim through employment tribunals. Having expert representation ensures that your rights are protected and that you receive guidance on the best course of action to achieve a fair resolution.
In Summary
The role of a trade union in supporting a whistleblower is invaluable and having an employment law expert like Damian McCarthy on your side too makes sure that every step of the process is managed as it should be, and you are fuelled with the knowledge and confidence to blow the whistle.
At Damian McCarthy, we strongly recommend consulting with an employment law specialist if you’re considering whistleblowing or have concerns about retaliation. Damian can provide essential guidance, legal advice, and representation to make sure that you are protected under the law.
With over two decades of experience, Damian is highly knowledgeable in Employment Law, particularly in whistleblowing and employee rights and his client focused approach, quickly identifies the core issues and delivers the best possible solutions. If you need legal advice, then please contact Damian. Visit his website or complete the online contact form and he will get back to you.