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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Employment Law
Satisfied Customers: 1827
Experience:  Dual qualified Solicitor and Attorney
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I have a question Related to whistleblowing. My specific

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I have a question Related to whistleblowing. My specific question is if you have litigation against the company for detriment caused by Blowing the whistle and your contract is terminated. Then you discover there is further wrongdoing and related to your case and you want to take this to a regulator will you be covered if the company says that you have breached confidentiality under the terms of your contract
Assistant: Where are you? It matters because laws vary by location.
Customer: Blowing the whistle and your contract is terminated. Then you discover there is further wrongdoing and related to your case and you want to take this to a regulator will you be covered if the company says that you have breached confidentiality under the terms of your contract
Assistant: What steps have you taken so far?
Customer: Near Leeds. And apologies for the first message- I dictated it so there were some grammatical typos.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Customer: replied 6 days ago.
Just to clarify I have litigation ongoing against a high profile public body. The full hearing is listed for June 2020. I am claiming detriment and victimisation ad my contract was severed after blowing the whistle re serious wrongdoing. After my termination I was asked to be a witness in an internal grievance and I ha e grounds to believe the evidence was tampered with. I want to take my concerns to the regulator but I am worried that the Company will try to victimise me anew by saying I breached the confidentiality terms of my original contract and it could therefore damage my (strong) case. Please can someone advise? Thx Alison

Hi thank you for your message. You’re a whistleblower if you’re a worker and you report certain types of wrongdoing. This will usually be something you’ve seen at work - though not always. The wrongdoing you disclose must be in the public interest. This means it must affect others, for example the general public. As a whistleblower you’re protected by law - you should not be treated unfairly or lose your job because you ‘blow the whistle’. You’re protected by law if you report any of the following:

a criminal offence, for example fraud
someone’s health and safety is in danger
risk or actual damage to the environment
a miscarriage of justice
the company is breaking the law, for example does not have the right insurance
you believe someone is covering up wrongdoing

You can also contact the whistleblowing charity protect if you have further concerns or queries, they can be contacted here: https://protect-advice.org.uk/

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 5 days ago.
Thank you but this did not answer my question.

Hi thank you for your message, so specifically if you are classed as a whistle blower based on the above and you whistle-blow then yes you will be protected from any adverse repercussions from the further whistle-blowing. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 5 days ago.
What about my former contract which ties me in to confidentiality?

Confidentiality provisions cannot be used to prevent against whistle-blowing. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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