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Workshop Presentation UPDATED APRIL 2025 

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Workshop Presentation UPDATED APRIL 2025 

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What an employment contract is, how contracts can be changed, and how a contract is affected by someone's employment status.

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Definition of dismissal

Dismissal is when your employment is ended by your employer.

Procedures for dismissal

The Acas Code of Practice on Disciplinary and Grievance Procedures sets out guidance on the disciplinary process as a minimum standard to be followed by employers. The code advocates that employers should have disciplinary procedures in place and follow these if they dismiss employees. If the dismissal relates to a disciplinary reason they must follow a disciplinary procedure.

Read more about disciplinary procedures.

The Northern Ireland equivalent Code of Practice is prepared by the Labour Relations Agency and is broadly similar to that of Acas, save for the significant difference of the requirement on employers to comply with the Statutory Disciplinary and Dismissal Procedure.

In Northern Ireland, the SDDP must be followed or else the dismissal will be automatically unfair. This is a three-step process:

Step 1 requires the employer to set out, in writing, to the employee, the reasons why dismissal or disciplinary action against the employee is being contemplated. This statement must be sent to the employee inviting them to attend a meeting to discuss the matter.

The Step 2 meeting must take place before any disciplinary action is taken and only after the employer has explained to the employee the basis of the statement given under Step 1 and the employee has had a reasonable opportunity to consider their response. The employee must take all reasonable steps to attend the meeting. After the meeting, the employer must inform the employee of the decision and advise the employee of the right to appeal.

Step 3 occurs where the employee advises the employer that they wish to appeal. The employer must then invite the employee to another meeting which the employee must take all reasonable steps to attend. The appeal meeting need not take place before the dismissal or disciplinary action takes effect. After the appeal, the employer must inform the employee of the final decision.

Fair reasons for dismissal

Your employer must have a fair reason for dismissing you. Fair reasons for dismissal can include:

behaviour that is a serious act of misconduct and breaches the terms of your contract, such as theft, fighting with colleagues or abusing alcohol;

inability to do your job because you do not have the skills;

you break a law in a way that brings your employer into disrepute or interferes with your work (for example, if you are sent to prison);

retirement;

redundancy;

the end of a fixed-term contract.

Constructive dismissal

In order to file a claim for (constructive) unfair dismissal, you would need to show that your employer has committed a serious breach of contract which, in effect, ended the contract. The contract is ended when the employee resigns in response to the employer's serious breach of contract.

This is a very serious step to take and we would never advise anyone to resign without first seeking specific advice on their particular situation from a UNISON rep.

Examples of behaviour that might form the basis of a constructive dismissal can include:

not being paid;

being forced to accept unreasonable changes to your job that are not specified in your contract;

working in dangerous conditions.

If you are affected by an intolerable workplace situation and you might be thinking of resigning, you should speak to a UNISON rep without delay, and always before taking such action.

You should try to see if speaking to your manager or the Human Resources (HR) Department might resolve the issue. Your UNISON rep can help you to prepare for these conversations and may even be able to attend with you.

You should also review your organisation's grievance procedure as this might give you further guidance.

Read more about grievance procedure .

You can also contact the Acas helpline (08457 474 747) for confidential advice.

Unfair dismissal

A dismissal can be called unfair because:

the reason for dismissal is unfair;

the dismissal procedure followed was inappropriate or unreasonable;

in Northern Ireland only, there has been a breach of the SDDP.

In the vast majority of cases, only employees who have been employed for two years or more can bring claims for unfair dismissal. In Northern Ireland this is one year. Additionally, if you have been employed continuously at the same organisation for at least two years, you have the right to ask your employer to give you the reason(s) for your dismissal in writing within 14 days of you asking, if they have not done so.

Both redundancy and retirement decisions can be considered as unfair dismissals if your employer has not followed an appropriate procedure, which can involve looking at the reasons why it took the decision to retire you or make you redundant.

Automatically unfair reasons for dismissal

There are some reasons for dismissal that are automatically unfair, some of the most typical examples are dismissals that occur because:

of your race, gender, sexual orientation (this applies In Great Britain, but not Northern Ireland) or any of the other protected characteristics under the equality laws (you may have other claims as well);

you are pregnant (you may have other claims as well);

you try to assert your employment rights;

you belong to a trade union or take part in lawful industrial action that lasts less than 12 weeks;

in Northern Ireland only, a breach of the SDDP.

If you feel you have been unfairly dismissed, you should speak to your UNISON rep without delay.
Your UNISON rep will be able to explore with you what options are available, which will include providing you with advice on what would be involved in making a complaint to an employment tribunal.

Read more about employment tribunals.

Key facts

Dismissal is when your employer acts in a way to end your employment.

The Acas Code sets out the minimum standard procedures an employer should follow to dismiss.

A year's service is normally required to bring a claim for unfair dismissal in the employment tribunal.

In most cases your employer will dismiss you on notice, or on giving you a payment in lieu of notice.

A dismissal can be rendered an unfair dismissal on the basis of either the reason for dismissal, or the process followed.

FAQs

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Dismissal | Terminating or suspending employment | UNISON National

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Definition of dismissal Dismissal is when your employment is ended by your employer. Procedures for dismissal The Acas Code of Practice on Disciplinary and Grievance Procedures sets out guidance on the disciplinary process as a minimum standard to be followed by employers.

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UNISON Briefing on Dismissals and Redundancies 

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UNISON Briefing on Dismissals and Redundancies 

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Important Changes in Dismissal Law in the last decade 

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Important Changes in Dismissal Law in the last decade 

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Most important changes affecting unfair dismissal law since 2010

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Fair and unfair dismissal, notice periods and pay, and employees' rights during the coronavirus pandemic.

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Code of Practice on disciplinary and grievance procedures

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The Acas statutory Code of Practice on discipline and grievance procedures is set out in paragraphs 1 to 47 below. It provides basic practical guidance to employers, employees and their representatives and sets out principles for handling disciplinary and grievance situations in the workplace.

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ACAS Guide on Grievance and Disciplinary 

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ACAS Guide on Grievance and Disciplinary 

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Introduction

This document contains the names of all trade unions entered on the list maintained by the Certification Officer under section 3 of the Trade Union and Labour Relations (Consolidation) Act 1992. It also contains the names of all trade unions known to the Certification Officer that meet the statutory definition of a trade union but that have not sought to be on his list.

You can search the list by name of trade union - just use < ctrl > F to search.

Official list of trade unions

A to C

D to J

K to Q

R to Z

Schedule of unlisted trade unions

About the list

Entry in the list means no more than that the body concerned satisfies the statutory definition of a trade union and has applied to be listed.

Any trade union may apply to the Certification Officer to have its name included in the official list. Listing is an essential preliminary to any application for a certification of independence. For more information on the process of listing, the definition of a trade union and to see whether or not a particular trade union has a certification of independence, please see chapter 1 and appendices 1 and 1a of the Certification Officer's annual report.

Trade unions which are not officially listed appear on the schedule to the list. They are referred to as 'scheduled' unions.

Click on the name of a trade union to view its website.

About annual returns

Trade unions must send the Certification Officer an annual return which the Certification Officer is required to make available to the public. You can view the relevant annual returns from the links on this list.

They are also available for public inspection at the Certification Officer's premises between 9:30 am and 4.30 pm.

Please telephone or email the Certification Office for an appointment before visiting. There may be a charge payable. Alternatively, Certification Office staff will photocopy relevant pages and post them to you.

For the annual returns submitted by trade unions between 2003 and 2011, please visit The National Archives. In addition annual returns of unions no longer in existence can be inspected at The National Archives. Please contact the Certification Office to arrange viewing.

Please contact the Certification Office if you cannot find or access a particular annual return.

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Trade unions: the current list and schedule

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This document contains the names of all trade unions entered on the list maintained by the Certification Officer under section 3 of the Trade Union and Labour Relations (Consolidation) Act 1992. It also contains the names of all trade unions known to the Certification Officer that meet the statutory definition of a trade union but that have not sought to be on his list.

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We use some essential cookies to make this website work.

We'd like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services.

We also use cookies set by other sites to help us deliver content from their services.

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We use some essential cookies to make this website work. We'd like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. We also use cookies set by other sites to help us deliver content from their services.

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Everyone is entitled to be treated with dignity and respect. The ability to live and work without prejudice is a fundamental right, regardless of your background, identity and experiences.

One of UNISON's main aims is to help workers fight for fairness and equality in the workplace and beyond. Challenging discrimination and winning equality is at the heart of everything UNISON does.

Besides the right not to be discriminated against or bullied, fair treatment also includes dignity at work, access to opportunities and equal working conditions and pay.

The right to fairness and equality

Employees are protected against discrimination and unfair treatment by the Equality Act and relevant regulations in Northern Ireland. The Equality Act contains something called the public sector equality duty, which requires public bodies to actively promote equality and eliminate discrimination.

If a member has been discriminated against or treated unfairly at work, UNISON negotiates with employers on a member's behalf, attends tribunals, offers legal help and makes employers aware of the law. The Equality Act makes it unlawful for employers to treat you unfairly because of:

age;

disability;

gender reassignment;

marriage and civil partnership;

pregnancy and maternity;

race;

religion or belief;

sex;

sexual orientation.

It is also unlawful for employers to have a rule, policy or practice that someone is less likely to be able to fulfil than other employees because of one of the reasons above.

How UNISON fights for fairness and equality

We encourage all members to join the discussion on how to provide public services and how equality can be promoted when delivering them.

UNISON has a history of winning on equality. We continue to fight against discrimination wherever we encounter it and regularly help members challenge unequal or unfair treatment, including all forms of prejudice and discrimination, racism, bullying and harassment and equal pay.

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Fighting for fairness and equality | What we do | UNISON National

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Everyone is entitled to be treated with dignity and respect. The ability to live and work without prejudice is a fundamental right, regardless of your background, identity and experiences. One of UNISON's main aims is to help workers fight for fairness and equality in the workplace and beyond.

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People doing the same job or work of equal value should get the same or equal pay; but in many cases they don't, even though though the law says they should.

UNISON actively campaigns for fair and equal pay.

What is equal pay?

Equal pay is your entitlement to the same wage as someone doing work of equal value to you, the same or broadly similar work as you or work rated as "of equivalent value" by a job evaluation study.

This is often, but not exclusively, a gender issue. Women are sometimes paid less than men for doing the same work.

Are you being paid equally?

There are ways you can find out if you are being paid equally, including:

asking your colleagues;

conducting an equal pay questionnaire;

checking job ads;

researching job evaluation studies.

In Great Britain, but not Northern Ireland, any pay secrecy clause in an employment contract is overridden if you suspect inequality of pay on gender grounds (or on grounds of another protected characteristic, such as age or race) and you seek information from a colleague (or former colleague) to find out if - or to what extent - there is a connection between pay and having (or not having) a particular protected characteristic.

A pay secrecy clause is a clause in your employment contract that would normally prevent you from asking co-workers how much they earn.

If you suspect you are not being paid an equal wage, contact your UNISON rep immediately, and they will be able to advise you. (UNISON's contact directory)

What if you are not being paid equally?

If you are not being paid equally, your employer is breaking the law.

Claiming for equal pay rights generally allows you to claim up to a maximum of six years of lost earnings (five years in Scotland).

Contact your UNISON rep immediately if you suspect you are being paid unfairly. Many claims are dismissed due to time limits on when you can claim.

If your UNISON rep cannot negotiate an equal pay deal with your employer, they may take your case to an employment tribunal.
Read more about employment tribunals.
Claiming equal pay

If you think you aren't being treated fairly, you can talk, or write, to your employer to try to resolve the issue informally.

If you are unsuccessful, you should then make a claim for lost earnings.

An employment tribunal will establish if there are sufficient grounds for compensation to be paid. You may have to fill out a questionnaire, which will help clarify the issues.

Employers will often argue that the job you are claiming equality with is not, in fact, equal to yours. You should have clearly outlined reasons why you feel the two jobs are equal before starting a case.

At every stage of these proceedings, your UNISON rep can help you. (UNISON's contact directory)

Next steps for reps

Steps that you can take to help a member include:

providing them with information about making equal pay claims;

assisting them with drafting an equal pay questionnaire;

negotiating with the employer to try to persuade them to meet their obligations under equal pay legislation;

ensuring that time limits for bringing equal pay claims are complied with.

Key facts

People doing the same job or work of equal value should get the same or equal pay; but in many cases they don't, even though though the law says they should. UNISON actively campaigns for fair and equal pay.

You are entitled to the same pay as anyone doing the same or broadly similar job, or a job of equal value, regardless of gender.

There are strict time limits on when you can lodge a claim.

If your employer is not treating you equally, they are breaking the law.

FAQs

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Knowledge Base: Equal pay | Pay | UNISON National

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People doing the same job or work of equal value should get the same or equal pay; but in many cases they don't, even though though the law says they should. UNISON actively campaigns for fair and equal pay.

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ACAS Code of Practice for Time Off for Union Reps 

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ACAS Code of Practice for Time Off for Union Reps 

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To take part in political activity unions have to maintain a separate political fund.

In UNISON you can choose to opt-in and pay an additional 5 per cent contribution on top of your subscription to either the Labour Link or the Campaign Fund. You can also opt-in to contribute to both.

The Campaign Fund (GPF) is not affiliated to any political party. The money you pay into the fund is used to support local campaigns, to give a boost to the union's national political campaigns and pay for political advertising.

Much of the high profile political campaign work you see from UNISON is paid for by the Campaign Fund.

But it's not just the big things. All sorts of national and local projects and campaigns benefit from receiving funding this way, such as anti-cuts campaigns, local campaigns against hospital closures, local equalities events and the union's work combating racism and intolerance.

UNISON Labour Link works directly within Labour to take UNISON's policies into the heart of the party.

We work at local and national level and have a network of Labour Link officers at branch, regional and national levels who work together with other affiliated unions.

UNISON works with MPs and MEPs.

It is a legitimate part of our role to try and ensure that the issues which matter to our members are part of the debate in any election campaign.

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Political affiliations and support | How we work | UNISON National

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UNISON regularly lobbies Parliament as part of our campaign work and to pursue our objectives and priorities. Lobbying is how we get our message directly to the politicians who make the decisions that affect our rights, our quality of life and the quality of our public services.

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Step up, stand up and speak out against racism

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Step up, stand up and speak out against racism

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The murder of George Floyd in the US and the disproportionate impact of COVID-19 on Black communities in the UK have focused attention on the everyday inequalities faced by Black people.

UNISON head of equality Gloria Mills provides some context on racism in the UK and explains how the union is at the forefront of the fight against it.
Gloria, do you feel that systemic racism has never meaningfully gone away?
Systemic racism is present in our institutions, both public and private. It has never meaningfully gone away, but it has taken different forms.

In the past, Black people experienced overt racism by being called names, seeing signs saying ' No Blacks, No Irish, No Dogs'. You do not see such blatant signs any more, but systemic racism now takes place in our private institutions.

For example, in the banks when you go to pay a bill, some banks ask you to prove your identity. As the Windrush scandal showed, it is not sufficient for Black people just to be British - you're asked to show different forms of identity just to withdraw your monthly salary.

It is the additional checks and hurdles faced in accessing everyday services, which for most white people will never be a problem.

So while we have moved away for the naked and overt racism that Black people faced before, racism is now practiced in more covert ways - with sophistry and subtlety, but it has the same negative outcomes.
Do you fear that Brexit - and now, maybe, the increased incidence of COVID-19 in the Black community - could propel the UK towards the frequent violence seen in the US?
We need to take action to ensure that this does not happen, but the UK tends to follow the same trajectory as the US.

However, we have a different culture in the UK of fairness and tolerance, and we have to ensure that those values win through. Our democracy in the UK is different in that we have a system of open justice and good judicial oversight - so having access to justice is important.

Accountability and transparency are also key cornerstones of our democratic tradition and we need to keep it this way.
What is UNISON's role in this?
Where the danger is looming is that we need to stop the dog whistle politics and policies that feed the toxic environment that could propel UK racists towards the frequent violence seen in the US.

UNISON has an important and pivotal role. The union has always been in the vanguard - leading and shaping the agenda.

Leadership is critical in saying where the union stands on issues, and UNISON members have always been at the forefront of challenging the major social issues of our time.

So the union has to continue to be pro-active and visible in standing with all our members and communities.

As a public service union, we are in constant dialogue and engagement with our members who live in those communities and rely on those services.

UNISON has to use the size of its membership and the power of its access to influence change and continue to hold employers and the government to account.
How do we work to improve the lives of Black people in the UK?
We need to use the tools and power of collective bargaining to challenge discrimination, inequality and force employers to comply with their legal obligations.

We need to turn the dial on racism in our public and private institutions.

We need to challenge the low rate of employment for Black people from specific sectors of the labour market, education, manufacturing and construction. Unemployment remains high at almost three times the national rate.

On pay, research from the TUC found that the ethnicity pay gap is up to 25% and research by the Resolution Foundation reported that there was a £3.2bn pay penalty facing Black workers, with Black graduate men facing the biggest pay penalty of 17%.

In some sectors, young Black men in particular are excluded from apprenticeship opportunities. At every stage of the labour market, from recruitment, redeployment to redundancies, Black workers are 'last in, first out'.

Black people are already over-represented in precarious, part-time, temporary and zero hours contracts.

We need to improve employment opportunities, challenge employment discrimination, implement positive action measures to redress employment and economic exclusion.

This continuum promotes economic inequality across generations of Black British people - and it seems that COVID-19 thrives on inequalities.

A recent Office for National Statistics report, comparing the COVID-19 deaths rates in England and Wales, finds that the mortality rate in the most deprived areas is twice as high as in the least deprived areas.
What do you think UNISON's Black members are most concerned about and want to see changed?
We need to break the cycle of discrimination, disadvantage and deprivation.

Black members are most concerned that urgency and vigour are injected into the problems they face. They don't want dither and delay while Black lives are lost.

So they are concerned about the lack of government action and the failure to improve and protect lives and livelihoods.

They expect to see the government taking the issue of the Public Health England (PHE) report seriously, giving it the attention and urgency it deserves instead of sidelining the findings on structural inequalities.

They are risking their lives to save others and they expect the government to act to save theirs.

Instead, what they have seen is more tokenistic lip service. They hoped to see government-wide ownership of this issue at a senior level.

They want to see the government bring into force sections of the Equality Act 2010 to address inequalities that result from differences in occupation, education, place of residence or social class; to implement the Conservative 2017 manifesto commitment to take action on the ethnicity and disability pay gaps and meet their commitments on gender pay reporting and equal pay.
What do you think UNISON's white members should do to support their colleagues?
They want a comprehensive race equality strategy and a full public inquiry into disproportionate deaths from COVID-19.

White members are in a different place from Black members as they view racism through different optics.

White and Black members should have conversations not confrontations on their different perspectives.

We tend to be creatures of our environment. But we can change that by leaving our baggage behind in terms of our conditioning and stereotypes, and begin to have meaningful conversations.

White members do not always see the truth of Black people's lived experience of everyday racism. It is important to listen and to learn.

Think about why it is that a Black person has a more difficult job to be heard than you do.

We can all make a difference if we stand together as trade unionists and don't let employers divide and rule; challenge the micro-aggressions your colleagues and fellow trade unionists experience in the workplace.

My message is to step up, stand up and speak out in support of your colleagues - act in unison to help lift the barriers and burden of fighting everyday racism.

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Step up, stand up and speak out against racism | Article | News | UNISON National

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The murder of George Floyd in the US and the disproportionate impact of COVID-19 on Black communities in the UK have focused attention on the everyday inequalities faced by Black people. UNISON head of equality Gloria Mills provides some context on racism in the UK and explains how the union is at the forefront of the fight against it.

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Workshop Presentation - UPDATED APRIL 2026

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Workshop Presentation - UPDATED APRIL 2026

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Understanding Redundancy and TUPE  2025 (1)

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This tool will help you to work out how much you should be paid as statutory redundancy pay if you lose your job through redundancy. Of course, you may be entitled to more than this if your employer has more generous policies on redundancy or your union negotiates a better deal, but this can tell you the minimum you can expect.

To calculate your entitlement, please fill in the fields below then select the submit button:

Notes: When calculating statutory redundancy pay, a cap is imposed on weekly pay value and number of years' service, which may limit the amount you receive if you normally earn more or have been working for your employer for a long time. This calculator is only intended as a guide in cases where statutory redundancy pay is appropriate. You may not be entitled to this at all, or may be entitled to more generous amounts, depending on individual circumstances. If you're in Northern Ireland, be aware that pay is capped at a higher level of £547, so you may be eligible for more.

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This tool will help you to work out how much you should be paid as statutory redundancy pay if you lose your job through redundancy. Of course, you may be entitled to more than this if your employer has more generous policies on redundancy or your union negotiates a better deal, but this can tell you the minimum you can expect.

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TUC_Redundancy hyperlinks and bookmarks FINAL

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Unison Guide on Dismissals, Redundancy and Transfers 

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Unison Guide on Dismissals, Redundancy and Transfers 

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Get help managing redundancies in your organisation. Find out what your rights are if you're being made redundant.

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What is an employment tribunal?

Employment tribunals deal with legal hearings between workers and employers to resolve disputes about employment rights.

This means that disputes involving, for example, equal pay, redundancy payments, unfair dismissal, and discrimination (on grounds of race, sex, disability, age, sexual orientation and religion or belief) can be taken to an employment tribunal to be resolved. An employment tribunal claim can also be made against a trade union.

Read more about redundancy payments and unfair dismissal.

Employment tribunals are not as formal as court hearings, but decisions made by an employment tribunal are legally binding.

When is it appropriate to make a claim to an employment tribunal?

If you feel you have grounds to take a case to an employment tribunal, make sure you have contacted your UNISON rep to find out what options are available to you.

Your rep will be able to advise you on trying to resolve the dispute before making an employment tribunal claim. It is preferable to try to resolve the issue without an employment tribunal claim if possible.

It is important to contact your rep quickly because there are strict time limits and procedural steps in order to bring an employment tribunal claim.

You must normally lodge a claim with the employment tribunal within three months less one day of the last day of your employment or the incident you are complaining about taking place (in Northern Ireland the time limit is usually three months exactly, save in cases of disability discrimination where the time limit is three months less one day).

As of 6 May 2014, it has been necessary to contact Acas and notify them of the dispute, to help you see if there is a possibility of resolving the dispute without making a claim.

An extension of time may be provided to try to resolve the dispute through early conciliation. You should contact your UNISON rep to find out more at the earliest opportunity.

What kind of claim can I make to an employment tribunal?

There are many reasons why you might make a claim to an employment tribunal, including:

disputes around equal pay;

unfair dismissal, including when you are forced to resign because your employer has committed a serious breach of the contract of employment or where you have been dismissed unfairly as part of an unfair redundancy process;

discrimination for disability, sex, race, age, sexual orientation, gender reassignment, marriage or civil partnership, pregnancy and maternity, religion or belief.

How to make a claim to an employment tribunal

Before making a claim to an employment tribunal, consult your UNISON representative to find out what options are available to you. You may be entitled to free legal advice, as well as get advice on resolving the dispute before going to an employment tribunal.

It is very important to contact your rep quickly because there are strict time limits for bringing an employment tribunal claim. You must normally lodge a claim with the employment tribunal within three months less one day of the last day of your employment or the incident you are complaining about taking place (in Northern Ireland the time limit is usually three months exactly, save in cases of disability discrimination where the time limit is three months less one day).

In order to lodge a claim with the employment tribunal you must submit an ET1 claim form.

Before you are permitted to lodge the ET1, you must notify Acas about the dispute, to help you see if there is a possibility of resolving the dispute without making a claim.

An extension of time may be provided to try to resolve the dispute through early conciliation.

Between 29 July 2013 and 26 July 2017, the government introduced fees for starting a claim and for the hearing. A four-year legal battle by UNISON saw these declared unlawful by the Supreme Court on the latter date.

Between these dates, UNISON operated a scheme which ensured that no union members was required to pay the fee themselves in a union-supported case.

The effect of early conciliation on time limits is complicated and it is easy to make a mistake. Contact with your rep should be made at the earliest opportunity. See the common questions section for more information on both these issues.

What happens next?

Once the claim has been submitted, the respondent has the opportunity to reply and submit their account of events to the employment tribunal.

Then the parties in dispute will provide relevant information and documents for their case to each other. They will exchange witness statements and then the matter will go to a hearing at the employment tribunal. The claimant and respondent both attend the hearing with their representatives (if they have them).

At the hearing you and the respondent (the person who the claim is made against) will be asked questions and asked for evidence. The employment tribunal will then decide whether or not the claimant succeeds, and if so, what the compensation (if any) should be.

Key facts

Employment tribunals deal with legal hearings between workers and employers when there's a dispute about employment rights that can't be resolved less formally.

Employment tribunals deal with disputes between workers and employers.

Before making a claim to an employment tribunal, speak to your UNISON representative who will be able to advise you on what options are available to you. You may be entitled to free legal advice, as well as advice on resolving the dispute before going to an employment tribunal.

FAQs

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Employment tribunals | Disputes and grievances | UNISON National

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What is an employment tribunal? Employment tribunals deal with legal hearings between workers and employers to resolve disputes about employment rights. This means that disputes involving, for example, equal pay, redundancy payments, unfair dismissal, and discrimination (on grounds of race, sex, disability, age, sexual orientation and religion or belief) can be taken to an employment tribunal to be resolved.

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Early conciliation is when Acas talks to both you and the respondent about your dispute. It gives you the chance to come to an agreement without having to go to an employment tribunal.

Time limits

A claim to an employment tribunal must usually be made within 3 months less 1 day. This is known as the 'limitation date'.

For example, if an employee wants to claim for unfair dismissal, they have 3 months less 1 day from the date their employment ended to make the claim.

If it's a claim about redundancy pay or equal pay, the claim must be made within 6 months.

Acas must receive your early conciliation notification before the end of the limitation date, including during the coronavirus (COVID-19) pandemic.

When we receive your early conciliation notification, the limitation date gets extended so that there's enough time for early conciliation to take place.

Some types of claim do not have to go to (are 'exempt' from) early conciliation. We cannot advise whether your claim is exempt.

Find out about exemptions from early conciliation on legislation.gov.uk.

Stages of early conciliation

1. When you tell us you intend to make a claim we'll ask if you want early conciliation

2. If you do, we'll ask for some details about the dispute

3. If you do not, we'll give you a certificate so you'll be able to go to an employment tribunal

4. We'll send a confirmation email or letter with our number to call

5. If you've told us you cannot use a telephone we'll email you

6. When you call, we'll check some details and ask questions about your claim

7. The conciliator will speak with you or your representative to understand your dispute and how you want it to be resolved

8. If you agree, they'll contact your employer to see if they're willing to take part in talks

9. If they are, the conciliator will talk with each of you to see if you can reach an agreement

Tell the conciliator if you've changed address or do not want it shared with your employer.

If we do not hear back from you, we'll send you the certificate you need to take to an employment tribunal.

If a respondent declines early conciliation

We'll give you a certificate with a number on it. This is the number you need for form ET1, which you use if you decide you still want to make a claim to an employment tribunal.

What conciliators do

Acas is impartial, which means we're not on either side. We're there to see if an agreement can be reached without going to tribunal.

Acas conciliators can:

explain the conciliation process

talk through the issues with both sides

talk through possible options

discuss how you may be able to solve the dispute without going to tribunal

Acas conciliators are not able to:

take sides

represent either side

tell you whether to agree on a settlement

say how strong or weak your case is

help you prepare your case for tribunal

make a judgement on how your case could turn out

If you reach an agreement

Once you and the respondent reach an agreement, we'll write up what you agree in a settlement form called a 'COT3'.

It's important that it's right for you. Once you and the respondent agree to it, you'll have to keep to it - even if you have not signed it yet. A settlement is legally binding.

We'll send it to both you and the respondent to sign.

You will not be able to take your case to tribunal if the case is settled in early conciliation, even if you've made a tribunal claim. The case will be closed and there will be no hearing.

If you do not reach an agreement

After early conciliation, we'll give you a certificate with a number on it. You need to put the number on employment tribunal form ET1, which you use if you decide to make a claim.

Time limits

You will have a minimum of 1 calendar month from the date of receipt of the certificate to make a claim to the employment tribunal.

In some cases, you might have longer than 1 month to make a claim to the employment tribunal. Working out the exact time limit can be complicated. You might want to get legal advice.

It's your responsibility to make sure you make your claim to the tribunal in time. Only a tribunal can decide whether the claim is in time or not. Acas conciliators cannot decide or advise on this point.

Talks up to and during the tribunal claim

You and the respondent can still talk through Acas up to and during the tribunal, until a judgment is made. This is known as 'conciliation' (rather than 'early conciliation').

Conciliation will not affect the outcome of a tribunal and we will not share anything you discuss with anyone else without your permission.

If early conciliation or conciliation does not resolve your dispute and the tribunal continues, your case will be heard in public and a decision will be made by a judge.

Find out more about what happens at employment tribunals on GOV.UK.

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Early conciliation is when Acas talks to both you and the respondent about your dispute. It gives you the chance to come to an agreement without having to go to an employment tribunal. A claim to an employment tribunal must usually be made within 3 months less 1 day.

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When dealing with redundancies, employers have to meet specific requirements to ensure the fair and lawful dismissal of employees. This includes having a genuine reason for any redundancy and following the correct redundancy procedure.

Redundancy bumping is a specific and complex aspect of the redundancy process, which employers should give full consideration to when making employees redundant to avoid allegations of unfair dismissal.

What is redundancy bumping?

As part of a fair redundancy process, an employer should generally consider whether or not it can offer an ‘at risk’ employee suitable alternative employment.

This can include any vacant roles within their company or organisation and can extend to considering roles that are not vacant, as well as those that are.

Where the alternative role is not vacant, but rather already filled by another member of staff, this is referred to as ‘redundancy bumping’.

A bumped redundancy therefore refers to when an employee whose role is not at risk of redundancy is dismissed as redundant and where the resulting vacancy created by their dismissal is filled by the employee whose role was originally redundant.

This still qualifies as a redundancy dismissal, even if there is no actual or anticipated cessation or diminution in the requirement for someone to do the work undertaken by the employee being dismissed.

By linking a dismissal to a diminution in the need for employees, a redundancy situation arises for the bumped employee, even though it may not be a diminution in the work that the dismissed employee was required to carry out.

Is redundancy bumping lawful?

Redundancy bumping, despite the potential injustice to the employee who is ultimately dismissed by reason of redundancy, is lawful provided the correct procedure is followed in respect of the bumped employee’s dismissal.

The process of moving a potentially redundant employee into another role that is already filled is a well-established process, and accepted by both the courts and tribunals.

This means that, in certain circumstances, dismissal on the grounds of redundancy is not strictly limited to where there has been a cessation or diminution of the work carried out by the dismissed employee. Instead, a genuine redundancy situation can still arise where there has been a diminution in the need for the same number of employees.

That said, it must be the transfer or redeployment of the notionally redundant employee into the role of another employee – who is not otherwise at risk of redundancy – that causes the bumped employee to lose their job.

For example, where the bumped employee is made redundant because of misconduct or poor performance, albeit where another employee is offered this role as an alternative to redundancy, this will not constitute a true ‘bumping’ scenario. The employee originally at risk of redundancy has simply filled a vacancy that has arisen independently of the redundancy situation.

Fair use of redundancy bumping

At first blush, redundancy bumping can appear to be an unjust process, especially since it results in the dismissal of someone whose job role is not actually redundant. However, in legal terms, this can constitute fair grounds for redundancy. Further, in cases where an employer fails to consider bumping of employees, this may, in itself, constitute unfair dismissal.

In Mirab v Mentor Graphics (UK) Ltd [2018], the Employment Appeal Tribunal (EAT) examined the question of whether or not employers are always required to give consideration to the option of bumping.

Mr Mirab brought an unfair dismissal claim on the ground that his employer, Mentor Graphics, had not considered all available alternative options to redundancy. On appeal to the EAT, it was ruled that the employer’s failure to consider bumping a more junior employee to allow for a more senior member of staff in a redundancy situation to take the role will not render the dismissal of the senior employee ‘automatically’ unfair.

The principle set by the EAT is that there is no strict requirement on an employer to consider bumping its employees in order to dismiss fairly in every redundancy case, nor is the employer under a positive obligation to dismiss another employee to preserve the employment of another member of staff.

Instead, the fairness of any dismissal will depend entirely upon the circumstances in each case, where consideration of redundancy bumping is just one factor in determining fairness, but is not determinative of that question by its presence or absence.

The redundancy is to be judged by what a reasonable employer would do in the particular circumstances of the case, where the actions of the employer will only be classed as unfair where these fall outside the band of reasonable responses.

The case of Mirab endorses the earlier decision in Lionel Leventhal Ltd v North [2004], where the EAT found that in circumstances where there had been no consideration of alternative employment in a subordinate capacity, the determination of whether a redundancy dismissal was fair or unfair would be a matter of fact.

Redundancy bumping risks

It is clear from the decision in Mirab that there is no general rule that for a redundancy dismissal to be fair, an employer is obliged to consider bumping on a pro-active basis, i.e. without the employee even raising it. Equally, however, there is no requirement on an employee to raise the possibility of bumping before an employer has to consider it. Each case will turn on its own facts.

That said, in Mirab the EAT did go on to suggest that as a matter of best practice, employers should consider bumping as a possible option in all cases. This means that employers should always explore the possibility of redeploying employees into roles that are already filled, regardless of whether or not this possibility has first been raised by an employee at risk of redundancy.

It is not usually appropriate for it to be left to the employee or any trade union representative to raise redundancy bumping. In many cases, employees may be resistant to redeployment, especially where this involves a more junior replacement role or a pay cut, but this should not dissuade an employer from considering all alternative options in a redundancy situation.

It is also important to remember that it may not be sufficient to simply consider the possibility of redundancy bumping. To avoid a finding of unfair dismissal, you must also consult with the employee to explore whether they would be willing to consider a more junior role at a reduced salary.

Should the selection pool for redundancy be extended?

In the case of Fulcrum Pharma (Europe) Ltd v Bonassera and Another [2010] the EAT upheld the tribunal’s finding of unfair dismissal on the basis that the employer failed to consider whether the one remaining and more junior employee in the HR department should be included in the pool for redundancy selection.

The EAT listed a number of factors to be taken into consideration in determining if subordinate employees should be included in the redundancy selection pool, such as:

Whether or not there is a vacancy

How different the two jobs are

The difference in remuneration between them

The relative length of service between the two employees

The qualifications held by the employee at risk of redundancy

Any other factors applicable to the particular case

In practice, this means you may need to consider widening your pool for selection for redundancy, both horizontally due to an overlap in duties, as well as vertically due to the possibility of bumping.

Where subordinate employees are not included within the selection pool, you must still consider all forms of alternative employment for employees at risk of redundancy, including roles that are already filled by other members of staff.

How to manage redundancy bumping

The possibility of redeploying a redundant employee into another employee’s role should not only be part of your general consideration of the alternatives to redundancy that may be available, but also part of your consultation process.

When discussing ways in which compulsory redundancy can be avoided with an employee, you must never dismiss redundancy bumping out of hand based on any assumptions that this idea would be rejected.

If confronted with the possibility of losing their jobs altogether, many employees may become more flexible in their approach to alternative options, even where this involves accepting an alternative subordinate or lesser paid role.

Further, an employee who has previously expressed any resistance to redundancy bumping, may still seek to use the absence of any offer of alternative suitable employment in support of a claim for unfair dismissal.

This means that it is also important that a paper trail is kept to demonstrate that redundancy bumping was considered, and that the employee was consulted, even if it is concluded that this would not be appropriate in the circumstances.

If you get redundancy bumping wrong, either by failing to include subordinate employees in the selection pool, or by otherwise failing to consider or consult with employees about the possibility of alternative subordinate employment, you may be at risk of a claim for unfair dismissal.

Equally, however, the employee who has been bumped will also have a potential claim for unfair dismissal in circumstances where improper or no consideration has been given as to whether this is a fair decision, based on whether all parts of the dismissal process satisfied the range of reasonable responses test.

This means that when faced with a compulsory redundancy situation, employers should always endeavour to follow a full and fair consultation process for everyone involved. Where you wish to utilise the option of redundancy bumping in order to retain valued and more senior employees, full consideration should be given to the reasons for proceeding in this way.

These reasons should be clearly documented so that, in the event of a claim for unfair dismissal, you have a clear account of your decision making process and the reasons for this.

Need assistance?

DavidsonMorris’ employment lawyers can help with all aspects of workforce management and planning, including how to handle redundancies in a way that mitigates legal risk. Working closely with our specialists in HR, we provide comprehensive advice on the options open to you as an employer and practical support through the redundancy process. For help and advice, speak to our experts.

Redundancy bumping FAQs

What does bumping mean in redundancy?

Bumping in redundancy relates to the process whereby an employee whose role is at risk of redundancy is redeployed into an alternative role, and the individual who previously undertook that role is dismissed as redundant instead.

What does 'subject to bumping' mean?

'Subject to bumping' means that the employee currently performing a particular job role may be displaced by another employee, where there is a diminution in the need for employees, rather than a cessation or diminution in the requirement for someone to do the work undertaken by the employee being redundant.

What are bumping rights?

These are rights of an employee whose job role has become redundant to replace another, less senior employee in a role for which they are both qualified. This system of reassigning jobs is typically based on seniority, and commonly used in the US, rather than the UK, where there is no strict legal requirement to consider redundancy bumping.

How does bumping work in a union?

In the US, there are commonly contractual bumping rights, where a senior employee is entitled to replace a less senior employee in a particular job role for which both employees are qualified. The employer and a union representative will typically negotiate the terms and conditions of workers' employment, which usually includes provisions in respect of bumping rights.

Last updated: 24 June 2020

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Redundancy Bumping & Fair Dismissal | DavidsonMorris

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What is Redundancy Bumping and what does it mean for employers following a fair redundancy process?

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Use our timeline to discover more about the history of the British trade union movement. Click on a time period to find out more…

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History of Employment Law | Morton Fraser Lawyers

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This blog sets out the main legislative changes and significant events which have shaped and formed our employment law in the UK

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As the sun rose on 24th February 1834, Dorset farm labourer George Loveless set off to work, saying goodbye to his wife Betsy and their three children. They were not to meet alone again for three years, for as he left his cottage in the rural village of Tolpuddle, the 37-year-old was served with a warrant for his arrest.

Loveless and five fellow workers - his brother James, James Hammett, James Brine, Thomas Standfield and Thomas's son John - were charged with having taken an illegal oath. But their real crime in the eyes of the establishment was to have formed a trade union to protest about their meagre pay of six shillings a week - the equivalent of 30p in today's money and the third wage cut in as many years.

With the bloody French Revolution and the wrecking of the Swing Rebellion fresh in the minds of the British establishment, landowners were determined to stamp out any form of organised protests. So when the local squire and landowner, James Frampton, caught wind of a group of his workers forming a union, he sought to stamp it out.

Workers met either under the sycamore tree in the village or in the upper room of Thomas Standfield's cottage. Members swore of an oath of secrecy - and it was this act that led to the men's arrest and subsequent sentence of seven years' transportation.

In prison, George Loveless scribbled some words: "We raise the watchword, liberty. We will, we will, we will be free!" This rallying call underlined the Martyrs' determination and has since served to inspire generations of people to fight against injustice and oppression.

Transportation to Australia was brutal. Few ever returned from such a sentence as the harsh voyage and rigours of slavery took their toll.

After the sentence was pronounced, the working class rose up in support of the Martyrs. A massive demonstration marched through London and an 800,000-strong petition was delivered to Parliament protesting about their sentence.

After three years, during which the trade union movement sustained the Martyrs' families by collecting voluntary donations, the government relented and the men returned home with free pardons and as heroes.

The story of the Tolpuddle Martyrs and the campaign that freed them inspires us to fight on. The annual festival reflects the spirit of those prepared to stand up and be counted and for those just learning about the history it is a joyful celebration of our solidarity.

See Pathe News version of the story from 1934 here

See Communist publication on the story here

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Loveless and five fellow workers - his brother James, James Hammett, James Brine, Thomas Standfield and Thomas's son John - were charged with having taken an illegal oath.

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For #HeartUnions week 2023 we want to spotlight Black 1 British trade union history. We know that our union movement is strongest when it stands for all members - Black and White - and leads the charge for equality. As the trade union movement renews the fight against racial injustice, we must continue to learn from the past.

When it comes to recognising and championing the contribution of Black workers in the trade union and labour movement, this is often only seen in the context of post-war immigration. However, the inter-war period was a key period for the development of Black self-organisation in the UK trade union movement. 2

During 1919, there were disturbances in port areas of Britain with large concentrations of Black people. In the summer of that year, there were disturbances in South Wales which saw local white men attacking Black men in the dock areas, forcing the local Black community to barricade themselves in their homes for several days.

In 1936 Britain saw the formation of the Coloured Seaman's Union which brought together Africans, West Indians, Arabs and Malays to fight against the colour bar operating on the Cardiff Docks. Shortly after in 1938, the Indian Workers Association (IWA) was formed in Coventry and many local branches began emerging in areas such as Leicester and London.

In the period after the war, the UK heavily relied on migrant workers to rebuild the economy, and these included many people from ex-colonies such as the West Indies, India, and Pakistan. Almost immediately upon arrival, these workers were subject to dire employment conditions and were overrepresented in low-paid, insecure jobs. For many of the new arrivals, joining the trade union movement in Britain followed a long-standing tradition of collective organising under British colonial rule. This link between the anti-colonial struggle and trade unionism was strengthened in 1945 by the involvement of many trade union delegates at the Fifth Pan African Congress held in Manchester.

In the years that followed, Black self-organisation was at the heart of opposing immigration control. In the 1960s the IWA's main campaign was opposing the 1962 Commonwealth Immigrants Bill which sought to restrict the entry of the Black migrants from Commonwealth countries. In 1963, youth worker Paul Stephenson and the West Indian Development Council successfully led a four-mouth boycott of the buses in Bristol. This marked a critical moment of mobilisation against the colour bar in employment.

HeartUnions week gives us a chance to tell us a story about why unions are vital for everyone, and nobody better exemplifies that better than "lioness" Jayaben Desai. With a rallying cry of "We are those Lions, Mr Manager", a group of Asian and West Indian women walked out of Grunwick, a photography processing factory in 1976, because of bad working conditions and attempts by management to cut their pay. They joined the local Association of Professional, Executive, Clerical and Computer Staffs (APEX) branch and demanded union recognition. The strike went on for a year and, although ultimately unsuccessful, it was historically significant as the first dispute of Black workers that attracted mass support from the trade union movement.

Our history shows us that the fight against injustice is not an easy one. But it is necessary. In the words of the TUC's Anti-Racism Taskforce Chair, Patrick Roach "We know that divided we fall, but united we stand strong in our shared ambition to change the world of work for good, and in the certain knowledge that when Black workers rise, we all rise."

More information on BME workers past and present can be found here and you can read about the TUC's Anti-Racism Taskforce here.

Join a union. There's strength in numbers. So why not see if your friends and colleagues at work want to join up to a union too, and all do it together.

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Celebrating Black British Trade Unionism

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For #HeartUnions week 2023 we want to spotlight Black British trade union history. We know that our union movement is strongest when it stands for all members - Black and White - and leads the charge for equality. As the trade union movement renews the fight against racial injustice, we must continue to learn from the past.

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A Chronology of Labour Law 1979 - 2017 - IER

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The IER compiled this chronology of employment and trade union legislation with the help of Jonathan Jeffries, Andrew Morretta and Alex Just.

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The year was 1888 and the location Bow in the East End of London, a place where some of the most poverty stricken in society lived and worked. The Match Girls' Strike was industrial action taken up by the workers of the Bryant and May factory against the dangerous and unrelenting demands which endangered their health with very little remuneration.

In London's East End, women and young girls from the surrounding area would turn up at 6:30 in the morning to start a long fourteen hour shift of perilously dangerous and gruelling work with a virtually non-existent financial recognition at the end of the day.

With many of the girls starting their life at the factory at thirteen years of age, the demanding physicality of the job took its toll.

The match workers would be required to stand for their work all day and with only two scheduled breaks, any unscheduled toilet break taken would be deducted from their meagre wages. Furthermore, whilst the pittance earned by each worker was barely enough to live on, the company continued to thrive financially with dividends of 20% or more given to its shareholders.

The factory was also inclined to issue out a number of fines as a result of misdemeanours including having an untidy work station or talking, which would see the low wages of the staff cut even more dramatically. Despite many of the girls being forced to work bare-footed as they could not afford shoes, in some cases having dirty feet was another reason for a fine, thus subjecting them to further hardship by deducting their wages even further.

The healthy profits made by the factory were unsurprising, particularly as the girls had to have their own supplies such as brushes and paint whilst also being forced to pay the boys who provided the frames for boxing up the matches.

Through this inhumane sweat shop system, the factory could navigate the restrictions imposed by the Factory Acts which was legislation created in an attempt to halt some of the more extreme industrial working conditions.

Other dramatic ramifications of such work also affected the health of these young women and girls, often with disastrous effects.

With no attention paid to health and safety, some of the instructions given included "never mind their fingers", as the workers were forced to operate dangerous machinery.

Moreover, abuse from the foreman was a common sight in such demoralising and abusive working conditions.

One of the worst ramifications included a disease called "phossy jaw" which was an extremely painful type of bone cancer caused by the phosphorus in the match production leading to horrendous disfiguration of the face.

The production of match sticks involved dipping the sticks, made from poplar or pine wood, into a solution made up of many ingredients including phosphorus, antimony sulphide and potassium chlorate. Within this mixture, there were variations in the percentage of white phosphorus however the use of it in production would prove to be extremely dangerous.

It was only in the 1840's that the discovery of red phosphorus, which could be used on the striking surface of the box, made the use of white phosphorus in the matches no longer necessary.

Nevertheless, the use of it in the Bryant and May factory in London was enough to cause widespread problems. When someone inhaled phosphorus, common symptoms such as toothache would be reported however this would lead to the development of something much more sinister. Eventually as a result of the heated phosphorus being inhaled, the jaw bone would begin to suffer a necrosis and essentially the bone would start to die.

Fully aware of the impact of "phossy jaw", the company chose to deal with the problem by giving the instruction of tooth removal as soon as anyone complained of an ache and if anyone dared refuse, they would be fired.

Bryant and May was one of twenty-five match factories in the country, of which only two did not use white phosphorus in their production technique.

With little desire to change and compromise on profit margins, Bryant and May continued to employ thousands of women and girls in its production line, many of Irish descent and from the poor surrounding area. The matchmaking business was booming and the market for it continued to grow.

Meanwhile, after growing discontent over the poor working conditions, the final straw came in July 1888 when one female worker was wrongfully dismissed. This was the result of a newspaper article which exposed the brutal conditions of the factory, which prompted the management to force signatures from its workers refuting the claims. Unfortunately for the bosses, many workers had had enough and with the refusal to sign, a worker was dismissed triggering off outrage and the subsequent strike that followed.

The article had been prompted by activists Annie Besant and Herbert Burrows who were key figures in organising the industrial action.
Annie Besant, Herbert Burrows and the Matchgirls Strike Committee
It was Burrows who had first made contact with the workers in the factory and later Besant met with many of the young women and heard their appalling stories. Prompted by this visit, she soon published an exposé where she gave details of the working conditions, comparing it to a "prison-house" and depicting the girls as "white wage slaves".

Such an article would prove to be a bold move as the matchstick industry was very powerful at the time and had never been successfully challenged before now.

The factory was understandably outraged to learn of this article which gave them such bad press and in the days that followed, made the decision to force the girls into a full-scale denial.

Unfortunately for the company bosses, they had completely misread the growing sentiments and instead of oppressing the women, it emboldened them to down tools and travel to the offices of the newspaper in Fleet Street.

In July 1888, after the unfair dismissal, many more match girls came out in support, quickly igniting the walkout into a full-scale strike of around 1500 workers.

Besant and Burrows proved crucial in organising the campaign which led the women through the streets whilst setting out their demands for an increase in pay and better working conditions.

Such a display of defiance was met with great public sympathy as those who saw them pass by cheered and offered their support. Moreover, an appeal fund set up by Besant received a great many donations including from powerful bodies such as the London Trades Council.

With the support triggering public debate, the management were keen to play down the reports, claiming it was "twaddle" propagated by socialists like Mrs Besant.

Nevertheless, the girls spread their message defiantly, including a visit to Parliament where the contrast of their poverty against the wealth of Westminster was a confronting sight for many.

Meanwhile, the factory management wanted to mitigate their bad publicity as soon as possible and with the public very much on the side of the women, the bosses were forced to compromise just weeks later, offering improvements in both pay and conditions, most notably including the abolition of their stringent fining practices.

It was a victory not seen before against the powerful industrial lobbyists and a sign of changing times as the public mood had empathised with the plight of working women.

Another effect of the strike was a new match factory in the Bow area set up in 1891 by the Salvation Army offering better wages and conditions and no more white phosphorus in production. Sadly, the extra costs incurred by changing many of the processes and the abolition of child labour resulted in the failure of the business.

Unfortunately, it would take over a decade for the Bryant and May factory to stop using phosphorus in its production despite the changes that were imposed by the industrial action.

By 1908, after years of public awareness of the disastrous health impact of white phosphorus, the House of Commons finally passed an act prohibiting its use in matches.

Moreover, a notable effect of the strike was the creation of a union for the women to join which was extremely rare as female workers did not tend to be unionised even into the next century.

The match girl strike had provided an impetus for other working class labour activists to set up unskilled worker unions in a wave that became known as "New Unionism".
Jessica Brain is a freelance writer specialising in history. Based in Kent and a lover of all things historical.
The 1888 match girl strike had paved the way for important changes in the industrial setting but more still needed to be done. Its most tangible impact was perhaps the growing public awareness about the conditions, lives and health of some of the poorest in society whose neighbourhoods were a far cry from those of the decision makers in Westminster.

Published: April 19, 2021.

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The year was 1888 and the location Bow in the East End of London, a place where some of the most poverty stricken in society lived and worked. The Match Girls' Strike was industrial action taken up by the workers of the Bryant and May factory against the dangerous and unrelenting demands which endangered their health with very little remuneration.

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If you decide to blow the whistle to a prescribed person rather than your employer, you must make sure that you have chosen the correct person or body for your issue. For example, if you are blowing the whistle on broadcasting malpractice you should contact the Office of Communications (Ofcom).

Below is a list of the prescribed persons and bodies who you can make a disclosure to. There is also a brief description about the matters you can report to each prescribed person.

In addition, you can also blow the whistle to your legal adviser, your MP or your MSP.
More information on whistleblowing.
Broadcasting and communication

The Office of Communications (known as Ofcom)

Contact them about:

the provision of electronic communications networks and services

broadcasting and the provision of radio and TV services

media ownership and control

competition in communication markets

Tel: 020 7981 3000
Fax: 020 7981 3333
Website: www.ofcom.org.uk

Business, finance or fraud

Accounts Commission for Scotland

Contact them about the proper conduct of public business, value for money, fraud and corruption in local government bodies in Scotland.

The Auditor General for Wales

Contact them about the proper conduct of public business; value for money, fraud and corruption in public bodies in Wales.

The Auditor General for Scotland

Contact them about the proper conduct of public business in Scotland, including value for money, fraud and corruption in relation to the provision of public services.

Audit Scotland

Contact them about the proper conduct of public business in Scotland, including value for money, fraud and corruption in public bodies.

The Bank of England

Contact them about:

functioning of clearing houses (including central-counterparties)

payment systems and securities settlement systems

the treatment, holding and issuing of banknotes by the Scottish and Northern Ireland banks authorised to issue banknotes (and their agents)

the custody distribution and processing of Bank of England banknotes under the Bank of England's Note Circulation Scheme

the provision of services relating to payment systems

Tel: 020 3461 8703
Email: whistleblowing@bankofengland.co.uk

Commissioner for Ethical Standards in Public Life in Scotland

Contact them where you think a local authority councillor or a board member of a devolved public body in Scotland has acted in a way that breaches the applicable code of conduct.

Tel: 0300 011 0550
Email: info@ethicalstandards.org.uk

Commissioners for HM Revenue and Customs (HMRC)

Contact them about:

the administration of UK taxes

the administration of national insurance and tax credits systems

customs and border-related functions

criminal investigations

Tel: 0800 788 887
Website: www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion

The Comptroller and Auditor General

Contact them about the proper conduct of public business, value for money, fraud and corruption in relation to the provision of public services.

Tel: 020 7798 7999
Website: www.nao.org.uk/contact-us/whistleblowing-disclosures/

The Director of the Serious Fraud Office

Contact them about serious or complex fraud, including bribery and corruption, in England, Wales or Northern Ireland and civil recovery of the proceeds of unlawful conduct.

Website: www.sfo.gov.uk/contact-us/reporting-serious-fraud-bribery-corruption

The Financial Conduct Authority (FCA)

Contact them about:

the conduct of funds, markets, firms and individuals subject to Financial Services and Markets Act 2000 (including banks, building societies, consumer credit and investment or insurance businesses)

competition affecting financial markets in the UK and about the operation of mutual societies registered by the FCA under relevant legislation

the conduct of electronic money issuers (for the purposes of Electronic Money Regulations 2011)

the conduct of Payment Services Providers (for the purposes of the Payment Services Regulations)

the conduct of securitisation repositories (for the purposes of the UK Securitisation Regulation)

the conduct of trade repositories (for the purposes of the UK Securities Financing Transactions Regulation)

the conduct of credit institutions, investment firms, insurance undertakings, reinsurance undertakings, institutions for occupational retirement provision, management companies, investment companies, alternative investment fund managers, central counterparties, shareholders of credit rating agencies, issuers of financial instruments and any other person with obligations under the UK Credit Rating Agencies Regulation for the purposes of that Regulation

the operation of small UK Alternative Investment Fund Managers registered under regulation 10 of the Alternative Investment Fund Managers Regulations 2013

the functioning of financial markets

money laundering, financial crime, and other serious financial misconduct, in connection with activities regulated by the FCA

the conduct of self-regulatory organisations (in relation to regulation 2 of the Oversight of Professional Body Anti-Money Laundering and Counter Terrorist Financing Supervision Regulations 2017)

the conduct of persons who are supervised contributors within the meaning of Article 3(1)(10) of Regulation (EU) no. 2016/1011 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds

the conduct of persons who are Miscellaneous BM persons within the meaning of regulation 5(2) of the Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018)

the conduct of persons subject to functions conferred on the Financial Conduct Authority under Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories

Financial Reporting Council Limited and its conduct committee

Contact them about matters relating to:

Statutory Audit in the UK (including oversight, monitoring and enforcement)

the independent oversight of the accountancy and actuarial professions

compliance with the requirements of accounting and reporting legislation

the investigation and enforcement action in relation to the conduct of accountants and actuaries and disciplinary action in public interest cases

the oversight of local audit, monitoring of major local audits and the investigation and enforcement action in relation to the conduct of local auditors in public interest cases

the independent supervision of the Auditor General

Third Country Auditors

The Lord Advocate, Scotland

Contact them about serious or complex fraud in Scotland.

Payment Systems Regulator

Contact them about payment systems and the services provided by them.

Tel: 020 7066 9200
Email: whistle@fca.org.uk

Prudential Regulation Authority

Contact them about matters relating to the carrying on of deposit-taking business, insurance business, or investment business and the safety and soundness of persons authorised for such purposes.

Tel: 020 3461 8703
Email: whistleblowing@bankofengland.co.uk

Public Services Ombudsman for Wales

Contact them about breaches by a member or co-opted member of a relevant authority's code of conduct in Wales.

Revenue Scotland

Contact them about the administration of the devolved taxes in Scotland, (Land and Buildings Transaction Tax, and Scottish Landfill Tax).

The Secretary of State for Business, Energy and Industrial Strategy

Contact them about fraud and other misconduct in relation to companies.

Charities

The Charity Commission for England and Wales

Contact them about the proper administration of charities in England and Wales and of funds given or held for charitable purposes in England and Wales.

See Report serious wrongdoing at a charity as a worker or volunteer.

Office of the Scottish Charity Regulator

Contact them about the proper administration of charities and of funds given or held for charitable purposes in Scotland.

Tel: 01382 220 446
Fax: 01382 220 314
Email: C&I@oscr.org.uk

Children's interest

Children's Commissioner for England

Contact them about matters relating to the rights, welfare and interests of children in England.

Tel: 020 7783 8330

Children's Commissioner for Wales

Contact them about matters relating to the rights, welfare and issues affecting children, young people and those who care for them, in Wales.

Children and Young People's Commissioner Scotland

Contact them about matters relating to promoting and safeguarding the rights of children and young people in Scotland.

His Majesty's Chief Inspector of Education, Children's Services and Skills ('the Chief Inspector')

Contact them about matters relating to regulation and inspection of children's social care.

Tel: 0300 123 3155
Email: whistleblowing@ofsted.gov.uk

The National Society for the Prevention of Cruelty to Children (NSPCC)

Contact them about matters relating to child welfare and protection.

Tel: 0800 028 0285

This phoneline is staffed 365 days a year:

Mon-Fri (incl. bank holidays) 8am to 10pm

Weekends 9am to 6pm

Welsh ministers

Contact them about matters relating to:

the regulation and inspection of establishments and agencies for children's social care services

the inspection of Welsh local authority children's social services

Consumer protection

Competition and Markets Authority

Contact them about matters concerning the sale of goods or the supply of services, which adversely affect the interests of consumers; or about competition affecting markets in the UK.

Tel: 020 3738 6000

Your local authority

Contact them about compliance with the requirement of consumer protection legislation. Find the contact details for your local authority.

Cyber

Gas and Electricity Markets Authority (known as Ofgem)

Contact them about:

the generation, transmission, distribution and supply of electricity

the transportation, shipping and supply of gas through pipes

smart meter communication service and ancillary activities

the renewable generation of heat

any other activities in relation to Ofgem's functions, including their functions under the Network and Information Systems Regulations 2018

Health and Safety Executive

Contact them about:

their functions under the Network and Information Systems Regulations 2018

the industries and work activities for which the Health and Safety Executive is the enforcing authority under the Health and Safety (Enforcing Authority) Regulations 1998

the health and safety of individuals at work, or the health and safety of the public arising out of or in connection with the activities of persons at work

their functions under the Network and Information Systems Regulations 2018

Tel: 0300 003 1647
Online form: www.hse.gov.uk/contact/concerns.htm

Secretary of State for Business, Energy and Industrial Strategy

Contact them about:

their functions under the Network and Information Systems Regulations 2018

Email: nis.energy@beis.gov.uk

Data protection and freedom of information

The Information Commissioner

Contact them about compliance with the requirement of legislation relating to data protection and to freedom of information.

The Scottish Information Commissioner

Contact them about compliance with the requirement of legislation relating to freedom of information in Scotland.

Defence procurement

Single Source Regulations Office

Contact them about matters relating to the provision of the Defence Reform Act 2014 and the Single Source Contract Regulations, which apply to single source defence contracts.

Education

His Majesty's Chief Inspector of Education, Children's Services and Skills ('the Chief Inspector')

Contact them about matters relating to the welfare of children provided with accommodation by boarding schools, colleges and residential special schools.

Tel: 0300 123 3155
Email: whistleblowing@ofsted.gov.uk

Office of Qualifications and Examinations Regulation (Ofqual)

Contact them about matters in relation to which the Office of Qualifications and Examinations Regulation exercise functions under the Apprenticeships, Skills, Children and Learning Act 2009.

Qualifications Wales

Contact them if you have concerns about the design, delivery or award of qualifications taken in Wales, or about a regulated awarding body. Qualifications Wales exercises its functions under the Qualifications Wales Act 2015.

Secretary of State for Education

Contact them about matters relating to the following educational institutions in England:

maintained schools

maintained nursery schools

independent schools (including academies and free schools)

non-maintained special schools

pupil referral units

alternative provision academies

16 to 19 academies (and free schools)

an institution within the further education sector

special post-16 institutions

Tel: 0370 000 2288
Website: www.gov.uk/contact-dfe

Environment

The Environment Agency

Contact them about acts and omissions which have an actual or potential effect on the environment or the management or regulation of the environment. This includes those relating to pollution, abstraction of water, flooding, the flow in rivers, inland fisheries and migratory salmon or trout.

Tel: 03708 506 506
Website: www.gov.uk/environment-agency

Environmental Standards Scotland

Contact them about:

the functions of Environmental Standards Scotland

Scottish public authorities' compliance with environmental law

Natural Resources Wales

Contact them about matters relating to the environment and natural resources as set out in the Natural Resources Body for Wales (Establishment) Order 2012.

Tel: 0300 065 3000 (press '1' when prompted, 24 hours, 7 days a week)
Website: www.naturalresources.wales/about-us/contact-us/complaints-and-compliments/whistleblowing/

Office for Environmental Protection

Contact them about:

the functions of the Office for Environmental Protection

public authorities' compliance with environmental law

The Scottish Environment Protection Agency

Contact them about acts and omissions which have an actual or potential effect on the environment or the management or regulation of the environment. This includes those relating to flood warning systems and systems and pollution in Scotland.

Equalities and human rights

Equality and Human Rights Commission

Contact them about compliance with the requirements of legislation relating to equality and human rights.

Food standards

The Food Standards Agency (FSA)

Contact them about matters which may present a risk to health of any member of the public in connection with the production, supply or consumption of food, or otherwise concern the protection of consumer interests in relation to food in England, Wales, or Northern Ireland.

The National Food Crime Unit (NFCU)

Contact if you have any concerns or information relating to fraud or criminality in food supply chains via the report a food crime online service or call Food Crime Confidential on the number below.

Tel: 0207 276 8787

Food Standards Scotland

Contact them about matters which affect the health and safety of consumers and the authenticity of food production in Scotland.

You can report any suspicions or knowledge of food crime to the free and confidential Scottish Food Crime Hotline, in partnership with Crimestoppers - 0800 028 7926 or online or in confidence contact the Scottish Food Crime and Incidents Unit directly at foodcrime@fss.scot.

Tel: 01224 285100
Website: www.foodstandards.gov.scot

Older People's Commissioner

Contact them about matters relating to the rights and wellbeing of older people in Wales.

Your local authority

Contact them about compliance with the requirements of food safety legislation. Find the contact details for your local authority.

Health and safety

The Health and Safety Executive

Contact them about:

Tel: 0300 003 1647
Online form: www.hse.gov.uk/contact/concerns.htm

Office for Nuclear Regulation

Contact them about matters which may affect the health and safety of individuals on a:

They are also interested in the health and safety of any member of the public in connection with the activities of persons at work on premises which are, or are on, such sites.

Office of Rail and Road

Contact them about:

the provision and supply of railway services

any other activities in relation to the Office of Rail and Road functions

Tel: 020 7282 2000
Fax: 020 7282 2040
Website: www.orr.gov.uk

Your local authority

Contact them about:

matters which may affect the health or safety of any individual at work

matters which may affect the health and safety of any member of the public arising out of or in connection with the activities of persons at work

Find the contact details for your local authority.
Healthcare

Care Quality Commission

Contact them about matters relating to the provision of health and social care.

Contact them to provide feedback on Health and Social Care issues.

Email: enquiries@healthwatch.co.uk
Tel: 03000 683 000 (Monday to Friday, 8:30am to 5:30pm)
Website: www.healthwatch.co.uk

National Guardian's Office

Contact them about matters concerning the freedom to speak up arrangements and cultures in the NHS in England, including where cases of issues raised by workers may not have been handled in accordance with good practice.

General Chiropractic Council

Contact them about matters relating to the registration and fitness to practise of a member of a profession regulated by the General Chiropractic Council.

General Dental Council

Contact them about matters relating to the registration and fitness to practise of a member of a profession regulated by the General Dental Council or any other activities not covered in relation to which the Council has functions.

Tel: 020 7167 6000
Email: ILASenquiries@gdc-uk.org
Online enquiry/complaint form: contactus.gdc-uk.org/
Website: www.gdc-uk.org

General Medical Council

Contact them about matters relating to:

1. the registration and fitness to practise of a member of a profession regulated by the General Medical Council

2. any activities not covered by (1) in relation to which the Council has functions

Tel: 0161 923 6399
Online complaints form: www.gmc-uk.org

General Optical Council

Contact them about matters relating to the registration and fitness to practise of a member of a profession regulated by the General Optical Council, or any other activities in relation to which the Council has functions.

General Osteopathic Council

Contact them about matters relating to the registration and fitness to practise of a member of a profession regulated by the General Osteopathic Council.

Tel: 020 7357 6655
Fax: 020 7357 0011
Email: regulation@osteopathy.org.uk

General Pharmaceutical Council

Contact them about matters relating to:

Healthcare Improvement Scotland

Contact them about matters relating to the safety or quality of health care in Scotland.

Health and Care Professions Council

Contact them about matters relating to the registration and fitness to practise of a member of a profession regulated by the Health and Care Professions Council, or any other activities in relation to which the Council has functions.

Tel: 0845 300 6184
Website: www.hcpc-uk.org

Health Education England

Contact them about matters relating to the education and training for health care workers and ensuring sufficient skilled and trained health care workers are available for the delivery of services.

Website: http://hee.nhs.uk/

NHS Counter Fraud Authority

Contact them about matters relating to fraud, bribery, corruption or other unlawful activity in relation to the health service in England and Wales.

Website: https://cfa.nhs.uk/

NHS England

Contact them about:

Nursing and Midwifery Council

Contact them about matters relating to the registration and fitness to practise of a registered nurse or midwife in the UK and a nursing associate in England and any other activities in relation to which the Council has functions.

Scottish Public Services Ombudsman

(in their role as the Independent National Whistleblowing Officer, NHSS)

Contact them about:

whistleblowing disclosures and how they are handled in the NHS in Scotland

The Secretary of State for Health and Social Care

Contact them about matters relating to the provision of public health services.

Website: www.gov.uk/government/organisations/uk-health-security-agency

Website: www.gov.uk/dh

Medicines & Healthcare Products Regulatory Agency

Contact them about:

the regulation of medicines (for human use), medical devices and blood components for transfusion in the UK

Tel: 020 3080 6447
Email: whistleblower@mhra.gov.uk

Website: www.gov.uk/mhra

Healthcare Inspectorate Wales

Healthcare Inspectorate Wales (HIW) is the independent inspectorate and regulator of health care services in Wales. Contact them with any concerns about matters relating to:

the provision of health care by and for Welsh NHS bodies as defined under the Health and Social Care (Community Health and Standards) Act 2003

services regulated under Part 2 of the Care Standards Act 2000 by establishments and agencies for which the Welsh Ministers are the registration authority

private dental practices prescribed in regulation 3 of the Care Standards Act 2000

the use and application of the Mental Health Act 1983

Housing

Registers of Scotland

Contact them about matters relating to the registration of land or property in Scotland.

Tel: 0131 659 6111
Email: rossecretariat@ros.gov.uk

Regulator of Social Housing

Contact them about matters relating to the regulation of registered providers of social housing in accordance with Part 2 of the Housing and Regeneration Act 2008.

Scottish Housing Regulator

Contact them about social landlords' performance of housing activities; the registration of registered social landlords, their financial well-being and standards of governance.

Welsh ministers

Contact them about the regulation of registered social landlords in Wales.

Local authorities

England

Following the Audit Commission's closure on 31 March 2015, disclosures relating to local authorities can be made to the external auditor of the relevant authority or the Comptroller and Auditor General.

To make a disclosure to the authority's external auditor, please contact the local authority, who will have a record of who to contact. You can also ask Public Sector Audit Appointments Limited (PSAA), the company now responsible for appointing auditors to local government, police and local NHS bodies for the name of the auditor of the relevant local authority.

It should be noted that PSAA is not a prescribed person under the Public Interest Disclosure Act and their role in this is only to signpost individuals to the external auditor appointed to the local authority in question. To make a disclosure to the Comptroller and Auditor General, please contact the National Audit Office (see Comptroller and Auditor General below).

The Comptroller and Auditor General

Contact them about the proper conduct of public business, value for money, fraud and corruption in relation to the provision of public services.

Tel: 020 7798 7999
Website: www.nao.org.uk/contact-us/whistleblowing-disclosures/

Scotland

For matters relating to local authorities in Scotland, please contact the Accounts Commission for Scotland.

Accounts Commission for Scotland

Tel: 0131 625 1500
Email: <correspondence@audit-scotland,gov.uk>
Website: www.audit-scotland.gov.uk

Wales

With regard to local authorities in Wales, please contact the Auditor General for Wales.

The Auditor General for Wales

Contact them about the proper conduct of public business; value for money, fraud and corruption in public bodies in Wales.

Commissioners nominated under section 15(6) of the Local Government Act 1999

Contact them about matters relating to the exercise of specified functions of a best value authority as directed by the Secretary of State in relation only to the local authority they are intervening in.

Pensions

The Pensions Regulator

Contact them about matters relating to:

the protection of members' benefits under work-based pension schemes

the administration and governance of such schemes (this includes matters relating to automatic enrolment under the Pensions Act 2008)

Police and justice

Chief Executive of the Criminal Cases Review Commission

Contact them about actual or potential miscarriages of justice in England, Wales and Northern Ireland.

The Chief Executive of the Scottish Criminal Cases Review Commission

Contact them about actual or potential miscarriages of justice in Scotland.

The Director of the Serious Fraud Office

Contact them about matters relating to corrupt individuals or companies offering or receiving bribes to secure a benefit for themselves or others.

Elected Local Policing Bodies

To complain about the conduct of the chief officer of your police force, please contact the Police and Crime Commissioner (PCC) of your area: www.apccs.police.uk/find-your-pcc/

Independent Office for Police Conduct (IOPC)

Contact them about matters relating to the conduct of a person serving with:

the police (including contractors)

the National Crime Agency

Commissioners and officers of HM Revenue and Customs

the parts of the Home Office that exercise law enforcement powers in relation to border and immigration functions

police and crime commissioners (including the Mayor for Greater Manchester) and deputy PCCs

the Mayor's Office for Policing and Crime

the Gangmasters and Labour - Abuse Authority (persons acting as Labour Abuse Prevention Officers)

British Transport Police

Ministry of Defence Police

Civil Nuclear Constabulary

National Crime Agency

Contact them about matters relating to:

corrupt individuals or companies offering or receiving bribes to secure a benefit for themselves or others

compliance with -

(i) the Terrorism Act 2000;
(ii) the Proceeds of Crime Act 2002; or
(iii) the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

Tel: 0370 496 7622
Email: communication@nca.gov.uk

Police and Crime Panels

To complain about your Police & Crime Commissioner, contact your local police and crime panel - your local council will provide contact details.

If you think your PCC has broken the law, the panel will refer your case to the Independent Office for Police Conduct (IOPC). You can also contact the IOPC directly:

Website: www.policeconduct.gov.uk/complaints-and-appeals/make-complaint
Email: reportline@policeconduct.gov.uk
Tel: 0300 020 0096

Social care

Care Inspectorate (Social Care & Social Work Improvement Scotland)

Contact them about matters relating to the provision of care services in Scotland.

Tel: 0345 600 9527
Email: enquiries@careinspectorate.com

Care Quality Commission

Contact them about the provision of adult social care services in England.

Healthcare Improvement Scotland

Contact them about matters relating to the safety or quality of health care in Scotland.

His Majesty's Chief Inspector of Education, Children's Services and Skills ('the Chief Inspector')

Contact them about matters relating to regulation and inspection of children's social care.

Tel: 0300 123 3155
Email: whistleblowing@ofsted.gov.uk

Scottish Social Services Council

Contact them about matters relating to the registration of the social services workforce in Scotland.

Social Care Wales

Contact them about matters relating to the registration of social care workers in Wales.

Social Work England

Contact them about:

Welsh ministers

Contact them about matters relating to the provision of social care services and to the inspection of Welsh local authority social services.

Tax

Commissioners for HM Revenue and Customs (HMRC)

Contact them about:

the administration of UK taxes

the administration of national insurance and tax credits systems

customs and border-related functions

criminal investigations

Tel: 0800 788 887
Website: www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion

Revenue Scotland

Contact them about the administration of the devolved taxes in Scotland, (Land and Buildings Transaction Tax, and Scottish Landfill Tax).

The Welsh Revenue Authority

Contact them about matters relating to devolved taxes (Land Transaction Tax and Landfill Disposal Tax).

Trade unions

The Certification Officer

Contact them about fraud and other irregularities, relating to the financial affairs of trade unions and employers' associations.

Transport

Civil Aviation Authority

Contact them about compliance with the requirements of civil aviation legislation, including aviation safety and aviation security.

Tel: 0330 138 2847
Website: www.caa.co.uk

Office of Rail and Road

Contact them about:

the provision and supply of railway services

any other activities in relation to the Office of Rail and Road functions

The Secretary of State for Transport

Contact them about matters relating to:

Tel: 0300 330 3000

Utilities

Drinking Water Inspectorate

Contact them about:

the quality and sufficiency of water supplied by the water industry

the security of network and information systems within the drinking water supply and distribution sector

Email: dwi.enquiries@defra.gov.uk
Tel: 0330 041 6501

The Gas and Electricity Markets Authority (known as Ofgem)

Contact them about:

the generation, transmission, distribution and supply of electricity

the transportation, shipping and supply of gas through pipes

smart meter communication service and ancillary activities

the renewable generation of heat

any other activities in relation to Ofgem's functions

Water Services Regulation Authority (known as Ofwat)

Contact them about the supply of water and the provision of sewerage services.

The Water Industry Commission for Scotland

Contact them about the supply of water and the provision of sewerage services in Scotland.

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Whistleblowing: list of prescribed people and bodies

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If you decide to blow the whistle to a prescribed person rather than your employer, you must make sure that you have chosen the correct person or body for your issue. For example, if you are blowing the whistle on broadcasting malpractice you should contact the Office of Communications (Ofcom).

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Protect - Speak up stop harm - The Whistleblowing Charity

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Ms Kong, who was Head of Internal Audit, blew the whistle on the illegality of a new investment product that her employer Gulf International Bank was offering to investors.  In doing so, she questioned the legal awareness of the Bank's Head of Legal.  This criticism led to a complaint, and ultimately her dismissal.  Both the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT) agreed that she had been unfairly dismissed but found that the principal reason for the Ms Kong's dismissal was not the fact that she blew the whistle, rather her behaviour and the consequent breakdown of the relationship between her and the Head of Legal was the main reason.

The Court ruled that a whistleblower raising concerns about serious wrongdoing in a reasonable way can still be dismissed if the employer subjectively finds her behaviour objectionable and therefore separate from the protected disclosure. An employer may be able to dismiss a whistleblower for the behaviour and breakdown in relationship that follows whistleblowing, rather than the whistleblowing itself.

The Court said there are likely to be few cases where employers will be able to rely on upset or inherent criticism caused by whistleblowing as a separate and distinct reason.

Protect intervened as a third party because this is a case of importance to public policy. Our intervention sought clarity on whether you can separate out the whistleblowing from the behaviour of the whistleblower and the consequences.  It is unlawful to dismiss a whistleblower if making a "protected disclosure" is the principal reason for their dismissal. However, employers can succeed if they can successfully argue there was another main reason why they dismissed the whistleblower.

Ms Kong's behaviour was noted to have been very reasonable: The judge at the ET found that her disclosure was "conciliatory in tone and careful in the way [it was raised,] so as to avoid causing [those responsible] any embarrassment". Despite this, the tribunal found that it wasn't contrary to whistleblowing legislation to dismiss her for the manner in which she'd raised concerns.

The Court of Appeal said 'Some things are necessarily inherent in the making of a protected disclosure and are unlikely to be properly viewed as distinct from it. The upset that a protected disclosure causes is one example because for all practical purposes it is a necessary part of blowing the whistle; inherent criticism is another ... There are likely to be few cases where employers will be able to rely on [these sorts of distinctions]'.

Ms Kong is seeking permission to appeal to the Supreme Court.
Protect says:
This is a worrying decision by the courts that means an employer can dismiss a whistleblower for the manner in which they raised concerns, rather than the whistleblowing, even if those concerns were raised in a reasonable way.

But Protect's view is that this judgment will create uncertainty for whistleblowers, and make it easier to victimise and dismiss whistleblowers. The law needs to change to strengthen whistleblower protection.

Lord Borrie, supporting the passing of the Public Interest Disclosure Act , explained that "the law will stand by [whistleblowers] provided they raise the matter in a responsible and reasonable way"; this judgment means that this is not the case.

Dr Kumar brought claims of having been subjected to a detriment on the grounds of having made a protected disclosure or a series of protected disclosures. This related to concerns that he had reported regarding inadequate hospital inspections, staff bullying and serious patient harm.

Dr Kumar was involved in an inspection for the CQC in 2015. Since having raised his concerns about that doctor, he has been subjected to intimidation, and that some friends of the doctor have been trying to turn the matter into a BME/SAS doctor issue.

Applying the legal test as laid down in Warburton v Chief Constable of Northamptonshire Police (2022) EAT 42, this tribunal accepts that placing a person on hold in circumstances whereby disengagement was inevitable and where its practical impact is to preclude that individual from being involved in inspections, as it did to the claimant, is a detriment.

The tribunal made the point that there is "a world of difference" between leaving on one's own terms and being subject to a disengagement or suspension. This case illustrates that being suspended for making protected disclosures can be a detriment and employers should be careful before empl oying such a tactic.

A reminder that quality of disclosures, not quantity, should be uppermost in pleadings

Mr Frewer brought a claim in the Employment Tribunal for, amongst other things, detriment and automatic unfair dismissal for having made protected disclosures that the employer was engaged in anti-competitive behaviour by favouring two major clients in the travel industry. The employer argued that Mr Frewer had been dismissed because of his conduct at a dinner when he allegedly sexually harassed two female colleagues by making inappropriate sexual comments and suggestions.

This was not a final hearing of the matter, but the case was interesting as the Tribunal reminded the parties of their obligation to assist the tribunal by limiting the areas of dispute as far as possible. The Judge stated that those drafting whistleblowing complaints often feel that the greater the number of disclosures and detriments that are asserted, the greater the prospects of success, when the opposite is often the case. The focus should be on quality, rather than quantity. In this instance, Mr Frewer had pleaded close to 100 alleged protected disclosures, but he needed to identify and focus on the alleged disclosures which he said resulted in the decision to dismiss him and the rejection of his appeal.

Complaint that a small group of staff were denied breaks can constitute protected disclosure

Mr Babb was engaged by the employer as a waiter before being dismissed. His employer claimed that he was being dismissed due to a lack of shifts and reduction in the workforce. After dealing with issues concerning Mr Babb's employment status, the Tribunal found that he had been automatically unfairly dismissed solely because he had complained about staff getting no breaks and breaks being cut short.

The Tribunal found that these complaints were qualifying disclosures as in complaining about staff getting no breaks and breaks being cut short, the disclosure tended to show a breach of a legal obligation (to provide breaks under the Working Time Regulations 1998 (WTR)). In complaining about understaffing, Mr Babb had made a disclosure that tended to show health and safety was likely to be endangered by tiredness and risk of accident.

The Judge acknowledged that the disclosures were not mere allegation, they included information: for example the lack of breaks, breaks cut short and the understaffing. He also acknowledged that he was not required to judge whether there were actual breaches of the WTR or Health and Safety legislation but whether what Mr Babb wrote tended to show such breaches, and that is sufficient to establish a qualifying disclosure.

Regarding the requirement for the disclosure to be in the public interest, Mr Babb had acknowledged in his email that the complaints were made for himself and the group of staff in the pub. The Judge asserted that, although this group was relatively small, it was large enough to amount to a section of the public (his co-workers) as this was beyond merely his own private interest. It didn't matter that he only later thought about the impact on customers.

Dismissal not necessarily unfair when there are other causes in addition to whistleblowing

The claimant was a security guard at Selfridges London. The claimant submitted a grievance against his manager, which he alleged contained a whistleblowing allegation that his manager had been using drugs outside of work.

The respondent subsequently dismissed the claimant, asserting that it was due to the outcome of an investigation. The investigation was initiated within three weeks of the respondent submitting his grievance. The respondent said that the Security Control Room had seen the claimant with his hands in his pocket and away from his designated position, both in violation of directions given to the claimant.

The Claimant argued that the principal reason for his dismissal was the fact that he made a protected disclosure, and therefore his dismissal was an unfair dismissal and in violation of s103A ERA 1996.

The Tribunal found that the allegation that the claimant "failed to follow instructions from Control" was initiated by the security control office independently of the Claimant's whistleblowing and grievance submission. While the Tribunal acknowledged that the warnings to the claimant, including a final warning and dismissal only weeks after he submitted a complaint which included whistleblowing, may appear to be more than a coincidence, however eventually concluded it was merely a coincidence. The Tribunal accepted that had the Claimant not submitted his grievance, he would still have had issues spotted by the control room and been subsequently disciplined.

EJ Emery decided that as there were repeated acts of misconduct by the claimant the respondents acted within the range of reasonable responses of a similarly sized and resourced employer and concluded that the claimant's dismissal was fair.
Ms K Jhuti v Royal Mail Group Ltd: 2200982/2015 - GOV.UK (www.gov.uk)
Kam Jhuti originally raised concerns about a colleague at the Royal Mail. She alleged that the colleague had been breaching Ofcom guidance as well as the Royal Mail's bonus policy. She was then dismissed and brought a claim for an unfair dismissal. In 2015 the Employment Tribunal ruled that she was unfairly dismissed.

In addition, the employment tribunal confirmed that Jhuti had been bullied, harassed and intimidated by the individual to whom she reported the concerns, which the tribunal described as having "destroyed the claimant's life". The tribunal also noted that "all of the medical professionals are clear that the resolution of these employment tribunal proceedings is necessary as a prerequisite to the claimant beginning to make any sort of recovery." This treatment unfortunately left Juhti with long term health problems such as depression and post-traumatic stress disorder.

The tribunal has now recommended that Royal Mail pay Jhuti £109,065 in compensation in addition to £12,500 in aggravated damages. Although this is only a recommendation and the parties are to agree to the exact figures, the tribunal stated that in light of the aforementioned medical issues facing the claimant that the respondent should do this is a quickly as possible, and that if they have "any shred of decency it will ensure the process is swiftly completed."
Ms L Fairhall v University Hospital of North Tees and Hartlepool Foundation Trust: 2501673/2018 - GOV.UK (www.gov.uk)
NHS nurse awarded pay-out for raising patient safety concerns

Linda Fairhall, , originally brought an employment tribunal claim in relation to being dismissed which was heard in April 2018. She was sacked after making 13 complaints to her employer, North Tees and Hartlepool NHS Foundation Trust, about a new policy which meant that the nurses she managed would be responsible for an additional 1,000 patient visits each month. She was concerned that this would leave the nurses dangerously stretched and overworked.

The tribunal found that "incidents of [nurse] absences due to stress and anxiety began to increase."

In October 2016, ten months after she first raised her concerns to the trust, she informed her superiors that was going to begin the formal whistleblowing process after a patient death which she considered preventable.

She was subsequently suspended and dismissed on 16 April 2018 with the trust alleging that she was sacked for "gross misconduct". The tribunal subsequently came to the conclusions that these allegations against Fairhall were too vague with no specific evidence or examples provided. Fairhall succeeded in her claims of automatic unfair dismissal for raising protected disclosures, ordinary unfair dismissal, detriment for making protected disclosures as well as breach of contract for failure to pay notice pay.

The trust's appeal was dismissed. In a remedy hearing, Fairhall was awarded £462,000 in damages.
Dr Tamara Bertha Johanna Bronckaer v Department of Agriculture, Environment and Rural Affairs (DAERA) Case Ref 5980/18
Veterinarian settles for largest sum for a whistle-blower ever in Northern Ireland

Dr Tamara Bronckaers was worked as a veterinarian for the Veterinary Service Animal Health Group, part of the Department of Agriculture, Environment & Rural Affairs (DAERA) in Northern Ireland. In her role she inspected livestock across the country. Her job included monitoring for animal borne diseases and bio security.

Whilst doing so, it became apparent that some animals were not being treated and handled in accordance with applicable animal welfare and health and safety regulations. This resulted in serious animal welfare concerns and food safety.

When Dr Bronckaers raised these concerns with DAERA she was treated in such a way where she felt "excluded, ignored and undermined."

In her tribunal hearing, it was found it was reasonable for Dr Bronckaers to feel that the organisation's chief vet's treatment of her to be "intimidation, patronising, belittling, and dismissive of her as a professional".

The tribunal ruled that Dr Bronckaers had indeed been subject to a constructive dismissal. Although DAERA originally appealed the ruling, they subsequently dropped their appeal and settled for £1.25 million, the largest ever whist blower settlement in Northern Irish history.

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Key whistleblowing cases of 2022 - Protect

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Ms Kong, who was Head of Internal Audit, blew the whistle on the illegality of a new investment product that her employer Gulf International Bank was offering to investors.  In doing so, she questioned the legal awareness of the Bank's Head of Legal.  This criticism led to a complaint, and

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Whistleblowing: an introduction

Whistleblowing is the act of disclosing information about wrongdoing in the workplace. This could mean highlighting possible unlawful activities in the organisation, failures to comply with legal obligations, miscarriages of justice or reporting on risks to the health and safety of individuals or to the environment.

Such activities could be a violation of a law, rule or regulation, or a threat to public interest, such as fraud, health and safety violations or corruption.

By "blowing the whistle", you may highlight illegal activity in the workplace, and you may protect others in future.

What are the first steps in reporting an issue?

It is vital to follow certain steps if you are going to make a claim about an issue concerning you at work, because making such a disclosure is a serious matter.

Normally you would first report the issue internally to your employers before making any disclosure externally. External disclosure is only protected in certain limited circumstances - you should consult your UNISON rep before making such a disclosure.

If you are going to blow the whistle, it is vital that you consider the following points carefully.

What hard evidence do you have to support any claim?

Are you sure that your concerns could not be raised informally or through the usual grievance procedure? Find out more about grievance procedures.

Take advice from your UNISON rep and if you cannot find any, alert your branch secretary or UNISON regional organiser. How to contact UNISON.

If none of this works within a reasonable time, you may consider raising the issues publicly. In this case, it is crucial you take advice from your UNISON rep. It would be unusual to raise the issue publicly before raising them with your employer and it is only in certain very limited circumstances that you will be protected if you raise the issue publicly.

Will you be legally protected if you blow the whistle about an issue at work?

Workers are protected as whistleblowers if they fulfil certain criteria.

"Worker" in this case is widely defined and includes not only employees, but also certain agency workers or people who are not employed, but who are in training with the employer.

Some self-employed people are protected if the work is done in a place not under their control or management.

A whistleblower is legally protected if a disclosure made is about:

a criminal act;

a failure to comply with a legal obligation;

a miscarriage of justice;

a danger to health and safety;

damage to the environment;

an attempt to cover up any of these.

To be protected, you must have a reasonable belief that the information tends to show that one of more of the above has happened, is happening or is likely to happen. You must also have a reasonable belief that the information that you are disclosing is true. If these conditions are met, the disclosure may be a "qualifying disclosures" in terms of the relevant legislation.

For your disclosure to be protected by the law you should make it to the right person, in the right way. If an employment tribunal considers that your disclosure was made in bad faith, it has the power to reduce any compensation award by up to 25%.

You will generally be protected if you make your claim to your employer or to another person if you reasonably believe that the relevant failure relates solely or mainly to that person, or is a matter for which that person other than your employer has responsibility.

Employees appointed by a minister of the crown may make disclosures to such a minister.

Disclosures about certain types of matters may also be made to specific bodies, such as the relevant regulatory body.

There may be protection for disclosing the issue to another person in exceptional circumstances - such as where the employee reasonably believes that making the disclosure to their employer means that they will be subject to a detriment or that evidence will be concealed or destroyed; the employee has already made the disclosure to their employer; or where the relevant failure is of an exceptionally serious nature. In such cases the disclosure must not be made for the purposes of personal gain.

It is important that you seek advice from your UNISON rep before making such a disclosure, as strict criteria apply in order for you to be protected.
How to contact UNISON.
Whistleblowing and the law

The Public Interest Disclosure Act 1998 provides legal protection for individuals who disclose information to expose acts such as criminal acts. The equivalent legislation in Northern Ireland is the Public Interest Disclosure (Northern Ireland) Order 1998.

The legislation made substantial amendments to the Employment Rights Act 1996 - and the Employment Rights (NI) Order 1996 in Northern Ireland - to protect whistleblowers from dismissal and detrimental treatment by their employer.

In some cases, the employee may bring a case before an employment tribunal, which can award compensation.
Find out more about employment tribunals.
As a result of the legislation, some employers have developed internal whistleblowing procedures, although the legislation does not enforce this.

Action for UNISON representatives

If your employer does not already have a whistleblowing policy in place, negotiate to create a policy which encourage workers to feel confident in raising concerns and establish a fair investigative process. If an employee reveals to you that they have discovered unlawful activities at work, discuss the next steps with your UNISON regional office or regional organiser.

Key facts

If you suspect unlawful activity at work, you may want to inform someone about it.

Workers should only blow the whistle when they have sufficient hard evidence and they cannot use the usual grievance procedure.

Workers are protected if they blow the whistle from detriment and unfair dismissal.

For disclosures to be protected by law, workers must make them to the right person, in the right way and not for personal gain.

FAQs

Whistleblowing

You are protected even if you are blowing the whistle on unlawful acts that took place overseas, or where the law applying to those acts is not UK law.

If you are being victimised or suffering from unfair treatment because of blowing the whistle you need to speak to your UNISON rep, who can help you decide what action to take.

This may involve bringing a claim in the employment tribunal. Strict time limits apply and so you should speak to your UNISON rep as soon as possible. Find out more about industrial tribunals.

Yes, you can make a claim for unfair dismissal, even if you have been in the job for less than two years. Speak to your UNISON rep to find out what to do next.

You should do so as soon as possible, as strict time limits apply for making such a claim, generally three months less one day from the date of dismissal (generally speaking, three months exactly in Northern Ireland).

If you've tried to raise an issue internally but your employer ignores you and you feel that you must report your concerns, it is important that you speak to your UNISON rep immediately.

Your rep will help you to escalate your concerns, or even help you seek legal advice. How to contact your UNISON rep.

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Whistleblowing | Disputes and grievances | UNISON National

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Whistleblowing: an introduction Whistleblowing is the act of disclosing information about wrongdoing in the workplace. This could mean highlighting possible unlawful activities in the organisation, failures to comply with legal obligations, miscarriages of justice or reporting on risks to the health and safety of individuals or to the environment.

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You're a whistleblower if you're a worker and you report certain types of wrongdoing. This will usually be something you've seen at work - though not always.

The wrongdoing you disclose must be in the public interest. This means it must affect others, for example the general public.

As a whistleblower you're protected by law - you should not be treated unfairly or lose your job because you 'blow the whistle'.

You can raise your concern at any time about an incident that happened in the past, is happening now, or you believe will happen in the near future.

Who is protected by law

You're protected if you're a worker, for example you're:

an employee, such as a police officer, NHS employee, office worker, factory worker

a trainee, such as a student nurse

an agency worker

a member of a Limited Liability Partnership (LLP)

Get independent advice if you're not sure you're protected, for example from Citizens' Advice.

A confidentiality clause or 'gagging clause' in a settlement agreement is not valid if you're a whistleblower.

Complaints that count as whistleblowing

You're protected by law if you report any of the following:

a criminal offence, for example fraud

someone's health and safety is in danger

risk or actual damage to the environment

a miscarriage of justice

the company is breaking the law, for example does not have the right insurance

you believe someone is covering up wrongdoing

Complaints that do not count as whistleblowing

Personal grievances (for example bullying, harassment, discrimination) are not covered by whistleblowing law, unless your particular case is in the public interest.

Report these under your employer's grievance policy.

Contact the Advisory, Conciliation and Arbitration Service (Acas) for help and advice on resolving a workplace dispute.

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Whistleblowing - what it is, who to tell, what to expect and how to complain if you're treated unfairly

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The Public Interest Test (Guidance Note E4) 

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The Public Interest Test (Guidance Note E4) 

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Code of Practice - Access and Unfair Practices - Recognition 

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Code of Practice - Access and Unfair Practices - Recognition 