How to work: Employers should take note of lessons in whistleblower case

A whistleblower cannot be penalised for pointing out wrongdoing, and if that employee is later dismissed, the business must ensure the move has no connection to the protected disclosure

If an employee is penalised for making a protected disclosure, they can take steps to safeguard their position

In July this year, the High Court considered the protected disclosures regime for the first time. Since the Protected Disclosures Act came into force in 2014, all litigation until then had been exclusively in the Circuit Court.

The High Court case is an interesting one for employers. It usefully clarifies aspects of the law but, perhaps most significantly, makes it very clear that employers need to approach this area with a great deal of caution.