Helping Employees & Employers Navigate Whistleblowing  

Employees - Find out if you have a claim for unfair dismissal due to whistleblowing 
Employers - Seek advice about a whistleblowing disclosure 

Employees 

Do you think you have been unfairly dismissed because of a whistleblowing report you made? You could have a claim for unfair dismissal. Here's how we can help: 
Get immediate feedback, at no cost, on whether you may have a claim for unfair dismissal 
Get clarity on your options and what it might cost to make a claim for unfair dismissal 
Discover whether the cost of your claim can be covered by an existing insurance policy 
Get specialist support with your claim to make the process easier 
Clear advice in plain English - no confusing legal jargon 
National representation - we offer video consultations 

Employers 

This page is aimed at employees, but we also work with businesses. 
 
If you are an employer needing advice about whistleblowing, please call us for specific advice. 

Not sure if you have a claim? Download our free guide 

Our guide covers the questions we get asked most often by people looking to make a claim for unfair dismissal on the basis of whistleblowing. It should help you decide your next steps. 
We will never share your details without your permission 

Why choose Spencer Shaw for Employment Law advice? 

We believe in: 
Guiding you to make the best choices for your case, using our specialist knowledge and experience of employment law and procedures. 
Providing clear information on fees so that you have control of your costs right from the start. 
Actively progressing your matter. Thanks to our focus on quality of service, not quantity of cases, your issue will get the attention it needs, when it needs it. 
Keeping you up to date about your matter. You shouldn’t need to chase us to find out what is happening. 
Our specialist team has a wide range of experience in Unfair Dismissal, covering a variety of industries. We work together to ensure that clients get the best of this combined experience, alongside excellent customer service. 
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Frequently Asked Questions About Unfair Dismissal and Whistleblowing 

What counts as an unfair dismissal? 

You may have a claim if you have been dismissed without a legally fair reason. This isn’t the same as unfairness in the common sense meaning of the phrase. 
 
Fair reasons for dismissal include: 
 
you are guilty of misconduct 
you aren’t capable of doing your job 
your role is redundant 
 
We can help to determine if your dismissal was fair and reasonable, or whether you have a claim.  
 

What is whistleblowing? 

The term ‘whistleblower’ refers to an employee who reports wrongdoing in their workplace, where the report is in the public interest and concerns: 
 
a criminal offence 
a breach of legal obligation 
a miscarriage of justice 
a danger to the health and safety of any individual 
damage to the environment 
a deliberate attempt to cover up any of the above. 
 
The report may relate to wrongdoing that happened in the past, is currently happening, or that you believe will happen soon. 
 

Am I protected under whistleblowing regulations? 

If you are an employee or a worker who becomes a whistleblower, the Public Interest Disclosure Act 1998 protects you from mistreatment by your employer. Some other groups not usually included as ‘workers’ are also protected, including trainees, police officers and some self-employed NHS practitioners. 
 
You will have to show three things to claim unfair dismissal because of a protected disclosure (whistleblowing): 
 
that you made a disclosure 
that you followed the correct procedure 
that you were dismissed or suffered a detriment because of making the disclosure 
 
You can raise your concern with your employer, but you also have the right to report your concern to a lawyer or to a prescribed person or body. The prescribed person or body will depend on what the disclosure concerns. 
 
An experienced employment law solicitor can help you to understand how the law applies to your personal circumstances. 
 

Is there a deadline for making an unfair dismissal claim? 

You must make your claim within three months of the date that your employment terminates, with the date of termination as day one. It’s possible for employees to complain about several incidents of discrimination over time as long as the last one is within three months of the time that a complaint can be made. 
 
Depending on your circumstances, you may not need to make a legal claim - some employers will be open to discussion if you approach them in the right way. Get advice early on so that you have time to consider your options. 
 

What if I have a non-disclosure agreement? 

Non-disclosure agreements cannot overrule whistleblowing legislation or your rights to make protected disclosures. Your employer cannot legally enforce a clause that attempts to prevent you making a protected disclosure, even if you signed the agreement. 
 
However, it can be difficult to determine whether your disclosure benefits from whistleblowing protection. You should seek legal advice to be sure of your rights. 
 

I had an argument with my boss but I don't know if I've been formally dismissed. Do I have a claim? 

Confusing language or words spoken in the heat of the moment may be a dismissal. It will depend upon the circumstances, so it is important to get advice about what to do next 
 
If your employer hasn’t dismissed you but has breached your contract, you could have grounds to claim for constructive dismissal. This is different to unfair dismissal. Get in touch using the form below for advice. 
 

Will I get compensation if I have been unfairly dismissed? 

If your claim is successful, you could receive compensation. The amount will depend upon what you have lost in earnings, notice pay, benefits, pension payments and so on. It varies from case to case. Your solicitor will be able to help you calculate what you may be able to claim.  
 
Compensation for unfair dismissal includes the following: 
 
a basic award, based on your weekly pay, your age, and how long you have worked for your employer. 
 
a compensatory award of up to one year’s gross pay to compensate your loss of earnings. This will be based upon the time you were unemployed or how long the tribunal believes you will take to find a similar position, and any loss of income or benefits in your new role. This will be increased if your employer failed to follow ACAS recommended procedures when terminating your employment. 
 
The tribunal also has the power to reduce your compensation based on your behaviour - for example, if your conduct contributed to your dismissal or you haven’t done enough to find a new job. Legal advice will help you to understand what the tribunal expects of you, so that you don’t harm your case. 
 
Not all cases make it to tribunal. You may reach an agreement with your employer before the tribunal hearing. Such agreements can be negotiated and will include other terms such as confidentiality and agreeing to waive your rights to make claims against your employer. We can help you to negotiate an agreement that suit you.  
 
We understand that legal claims aren’t just about compensation. You may want an apology, to be reinstated, or for other changes to be made. This may be possible to achieve. We support you to get the best possible outcome for your interests. 
 

What will it cost to make an unfair dismissal claim? 

The cost will depend on the complexity of your case and the amount of evidence involved. 
 
You may have Legal Expenses Insurance (LEI) that could cover your legal costs. Many people have LEI and don’t realise. Check your existing insurance policies, such as home, car and building insurance, to see if you have LEI. 
 
To go through the full tribunal process, a simple unfair dismissal case would likely cost around £5,000-£6,000. More complex cases are likely to cost around £8,000-£10,000, while very complicated cases may exceed £10,000. However, not all cases go through the full process. Many are settled before the final hearing, saving time and money. Getting the right advice at the outset increases your chance of an early beneficial settlement, which could save you money. 
 
Your solicitor's priority is to resolve the issue in your best interests. This includes helping you to balance the cost of your case against the chances of winning, the potential compensation and the benefits of early settlement. 

Meet Our Team 

Ian Jones, Director and Principal Solicitor 
 
Ian qualified as a solicitor in 1991. He had experience as a partner and Head of Litigation with larger firms before setting up Spencer Shaw in 2007. His experience includes taking claims on appeal to the Employment Appeal Tribunal, the Court of Appeal and the Supreme Court. 
 
“Ian has been clear, concise and made a very stressful situation much more bearable.” 
Felicity Price, Consultant Solicitor 
 
Felicity qualified as a solicitor in 2009 and joined Spencer Shaw in 2018 as a consultant solicitor, having spent time with several large national firms. Felicity was recommended in Chambers and Partners Guide in 2012, 2013 and 2014. 
 
“Felicity was very knowledgeable, experienced in employment law and proved to be extremely supportive and friendly.” 
Nazia Khan, Associate Solicitor 
 
Nazia began her career as a Barrister, being called to the Bar in 1999 before cross-qualifying as a Solicitor in 2004. Nazia is a recommended Solicitor in the Legal 500 and speaks fluent in Urdu and Punjabi. 
 
“Efficient service whilst maintaining a personal approach” 
 
 
Andrea Price, Associate Solicitor 
 
Andrea received a degree in Business and Finance and a post graduate diploma in Human Resource Management before qualifying as a solicitor in 2015. With her combined experience in HR and Employment Law, Andrea understands what businesses will be looking for, which puts her in the ideal position to negotiate for you. 
 
“Very professional and extremely helpful.” 

Why our clients like dealing with us  

Cannot fault the service I received. The entire team were so helpful and professional. From my first phone call to my last the team at Spencer Shaw really took the time to understand my needs and take me through the process step by step. Furthermore, the speed of the service was incredible. It really was a pleasure and I could not recommend enough! 
 
DC 
 
 
We thank all of the staff involved at Spencer Shaw Solicitors, during this very difficult time, and who remained on side for many months. We thoroughly recommend Spencer Shaw Solicitors to anyone unfortunate to be in need of similar help in the future. 
 
RG 
 
I was very impressed with the service I received when I instructed this firm of solicitors. From first contact to completion, it was an easy process and a really nice customer service along the way, with a very efficient turnaround. I would definitely use again and/or recommend to anyone! 
 
Bethany 

Schedule a callback to find out whether you have a claim 

Or get in touch by: 

Phone: 0121 817 0523 
A member of our legal team will be in touch to discuss:  
whether you have a claim for unfair dismissal, and what your options are 
how we can support you through your claim 
what it would cost to make a claim, and whether this might be covered by Legal Expenses Insurance 
 
We do our best to respond at the time you have asked. If you have not selected a time or date for a callback, we will be in touch as soon as possible. Depending on the time of your enquiry, this is usually within 1 working day.  
 
Our working hours are 9am - 5pm, Monday - Friday.  

Our company 

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Spencer Shaw Solicitors and Spencer Shaw are trading names of Spencer Shaw Solicitors Limited. Companies House registration number 7787711 
Authorised and regulated by the Solicitors Regulation Authority Reference number 644706. 

Legal information 

Information provided on this site is for general guidance purposes only and does not constitute legal or professional advice. Appropriate legal advice should be obtained before action is taken. 
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