This case is a reminder for employers that employees have a legal right not to suffer detriment as a result of making a protected disclosure.
The two officers, who worked as undercover police officers with West Yorkshire Police, raised complaints regarding:
After raising these concerns, the two officers were moved to back office roles and informed that it was no longer safe for them to work undercover.
They brought a claim against West Yorkshire Police in the Employment Tribunal for detriment on the grounds of having made a protected disclosure. The tribunal upheld their claim and awarded them £96,000 in damages.
Where a member of staff has made disclosures which may fall within the scope of whistleblowing protection, employers should tread carefully and should ensure that correct procedures are followed. We would always recommend that a company has a written whistleblowing policy in place and that all staff are aware of the need to comply with it.
If subsequent action is to be taken in relation to employees that have made a disclosure, this must be for unrelated and entirely separable reasons and it is essential that care is taken to establish an evidence trail that supports the reason for the employer's decision.