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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 78227
Experience:  Qualified Employment Solicitor
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As Self employed am I protected under the whistleblower Act

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As Self employed am I protected under the whistleblower Act 1998?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: I’ve raised concerns at work and now my role is being questioned and I’ve been threatened to be dismissed
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: contractor
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no that’s all
Hello, I’m Ben, an employment solicitor, and it’s my pleasure to assist you. I may ask for some information first to determine the legal position.

What concerns did you raise? I also wanted to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I am dealing with your query and will get back to you as soon as I can. Thanks.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 12 days ago.
I work in a dental practice as a clinical director and the confers were about one of the partners providing unethical treatment to patients
Customer: replied 12 days ago.
Concerns*
Customer: replied 12 days ago.
Hello?

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query.

The legal protection for whistleblowers only applies to employees and workers. Therefore, those who do not fall within either of these would not be protected. That does unfortunately include those who are genuinely self-employed.

Saying that, there are certain exceptions which can be found in Section 43K of the Employment Rights Act 1996:

https://www.legislation.gov.uk/ukpga/1996/18/section/43K

A section there refers to those workers who are employed under certain NHS contracts. The NHS contracts listed are standard contracts for self-employed doctors, dentists, ophthalmologists and pharmacists in the NHS. In such cases, the employer is treated as being the relevant Primary Care Trust or Health Board and as such they would still have protection against victimisation or dismissal for having been a whistleblower