For employers, unlimited liability means that whistleblowing claims can be time consuming and costly, both financially and reputationally. Minimising the risk of successful whistleblowing claims through proper internal policies, procedures and training will go some way to protect the employer.
For employees who find their employment terminated as a result of being a whistleblower, recovering losses and safeguarding their future career will be critical.
We advise both employers and employees on all aspects of whistleblowing, drafting policies and advising on procedures and dispute resolution.
Where claims do arise, we manage cases strategically and discreetly, minimising the financial exposure and reputational risks to our client and ensuring our approach reflects both short and long term needs and objectives.
- Acted for the defendant in Clyde & Co LLP and another v Bates van Winkelhof  IRLR 641. Following a three-year battle, the Supreme Court determined that members of LLPs are workers and so have the protection of whistleblowing legislation. This highly significant decision will affect all LLPs, and enables members of LLPs to blow the whistle on malpractice without fear of reprisal. The Supreme Court decision in the case ruled that members of LLPs in the UK do benefit from the protection from detriment afforded by the UK's whistleblowing legislation.
- Acted for an Investment Bank in a whistleblowing claim brought by its Compliance Officer.
- Advising a PLC director in relation to regulatory concerns and communications with the FRA and PRA.
- We regularly advise companies from a range of sectors in defending claims and have acted on behalf of a number of employees and members in bringing claims of whistleblowing.