What Protection Do Whistleblowers Have Against Constructive Dismissal?
Whistleblowers Have Against Constructive Dismissal
Whistleblowing is a courageous act, and one that should be protected by law. The US whistleblower laws, notably the Dodd-Frank Wall Street Reform and Consumer Protection Act and similar legislation across the EU, protect employees who expose their employers’ illegal activities. Generally, they are protected against being retaliated against in various ways, including demotion, termination, harassment, discrimination and more. However, the law does not always protect employees who experience constructive dismissal, which can be a severe form of retaliation and may lead to them quitting their jobs.
Retaliation is a significant problem for whistleblowers, with the Bradley University study finding that more than two thirds of those who spoke up experienced some form of retaliation. Some examples of retaliation include a refusal to give an employee a good reference, changes to working conditions, unfair pay deductions, bullying or even threats of physical assault. This can be particularly damaging for whistleblowers because it can have a negative impact on their wellbeing and their ability to work, which can then also affect their families.
Constructive dismissal is a legal term that refers to a situation where an employer makes workplace conditions so unbearable that they effectively force the worker to quit their job. The employee must be able to prove that they experienced severe workplace conditions that made it impossible for them to continue with their work, and that the retaliation was connected with their whistleblowing. This can be difficult to do, especially if the employer cites other reasons for the poor work environment, and many workers struggle to win cases that allege constructive dismissal toronto.
What Protection Do Whistleblowers Have Against Constructive Dismissal?
Some of the most serious issues whistleblowers expose are fraud, public safety and matters of national security. In the case of fraud, whistleblowers can uncover financial misconduct such as bribery and corruption that may be taking place. In the case of a public safety issue, they may reveal a serious failure in an organisation that could put others’ lives at risk, for example when a company fails to properly maintain their vehicles or train their staff.
While laws exist to help those who speak out for the greater good, they are not foolproof and can often be bypassed by savvy employers. A common way in which companies retaliate against whistleblowers is by refusing to provide them with references or blacklisting them in order to prevent future employment opportunities.
As a result, it is important for organisations to provide their whistleblowers with state of the art digital reporting systems and a high level of anonymity, as well as to offer them support throughout the process. They should also ensure they keep the lines of communication open so they can monitor whether any forms of retaliation are occurring and address them as soon as possible.
For those who have spoken out, meaningful financial support is often scarce and tends to be provided through government schemes such as the UK PIDA law. However, these only protect individuals who have suffered a material detriment post-disclosure, and can only be claimed if the individual has contacted an official agency such as the police or an MP in the case of the UK.