Discrimination and whistleblowing issues
Senior executives often need a different legal strategy. Where ordinary unfair dismissal compensation is capped, claims linked to discrimination or whistleblowing can provide stronger protection and uncapped compensation. We assess whether the issues amount to a protected act or protected disclosure, and advise on the safest, most effective way to raise concerns, protect your position and achieve your preferred outcome.
Owing to the statutory cap for ordinary unfair dismissal claims, senior executives are more likely to look at potential claims where there is no cap, which are typically for whistleblowing/H&S or discrimination.
These types of claims are incredibly complex but are often worth investigating given the potential value and protection they can afford. They do not just lift the cap, but can bring additional awards for ‘injury to feeling’ and remove the need to have sufficient service to claim ordinary unfair dismissal.
Senior executives are also more likely to be aware of issues that would amount to whistleblowing or discrimination. If so, we can help protect your position by ensuring the issues are raised in accordance with the laws and, by doing so, you will secure additional protection where raising allegations of discrimination is a ‘Protected Act’ and blowing the whistle is a ‘Protected
Disclosure’. Any detriment or dismissal that then follows can be actioned.
We appreciate that not all senior executives will want to raise a formal grievance and instead prefer to look for a new job and leave if the employer is not behaving in accordance with its legal duties. We appreciate that, reputation matters and some prefer not to risk tarnishing their future employment prospects; others may be legally bound to raise concerns. There may be ways to raise the issues and secure protection without raising a formal grievance.
Knowing whether the issues can be raised is often the first step. If so, we can advise on practical options and help you decide on the best way forward to achieve your desired outcome.
Get advice on discrimination and whistleblowing issues
Speak to our team for clear, practical guidance tailored to your circumstances.
