Whistleblowing settlement agreement advice

If you've raised a genuine concern about wrongdoing at work. A "protected disclosure". And you're now being offered an exit via settlement agreement, it's worth understanding what legal protection you still have, and whether the offer reflects it.

What counts as whistleblowing

UK law protects workers who make a "protected disclosure". Raising a concern, usually in the public interest, about things like a criminal offence, a danger to health and safety, environmental damage, or a breach of a legal obligation. If you're dismissed, or treated badly, mainly because you made a protected disclosure, that dismissal can be automatically unfair. And unlike most unfair dismissal claims, whistleblowing compensation has no cap.

Why this changes the settlement conversation

If your exit follows closely after raising a genuine concern, that timing matters. An uncapped, automatically-unfair-dismissal risk is a very different negotiating position to an ordinary exit, and a fair settlement figure should reflect that. This is precisely the kind of assessment an independent employment solicitor needs to make on the specific facts. Timing, what was disclosed, and how your employer responded.

What to check before you sign

• Does the settlement figure reflect the uncapped nature of a genuine whistleblowing claim, or a standard exit package regardless?
• Is there a confidentiality clause that might improperly discourage you from reporting concerns to a regulator? A lawful clause shouldn't do this.
• Is the timing of your exit close to when you raised the concern. And has that been properly considered?
• Have you kept a record of what you disclosed and when, in case it's needed later?

Whistleblowing cases are legally nuanced and highly fact-specific. Send us your agreement and we'll make sure an independent solicitor with the right experience looks at it properly before you sign anything.

Wherever you are in the process, free, independent settlement agreement advice is here to help.