Employment outcomes for breach of the PIDA

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Employment outcomes for breach of the PIDA

Employment outcomes for breach of the PIDA

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January 10, 2024

For unfair dismissal or detriment cases brought under the whistleblowing legislation, tribunals are not restricted by the usual upper limit on compensation. Whistleblowing claims are sometimes used tactically for this reason.
If an employee was dismissed because they made a protected disclosure, their dismissal will be automatically unfair.
The basis of assessment for detriment and unfair dismissal cases is different. The usual remedies for unfair dismissal such as reinstatement, re-engagement and compensation apply. It is possible to obtain an award for injury to feelings with a detriment claim, but not in a dismissal claim. In unfair dismissal cases, an employee can apply for interim relief to continue their salary and benefits until final hearing.
Where a claimant succeeds in an unlawful detriment claim, the tribunal must make a declaration stating this and may award compensation (which is uncapped). The compensation award is assessed on a similar basis to a discrimination claim and compensation for injury to feelings can be claimed for any detriment up to the point of dismissal.
For a successful unlawful detriment claim against a co-worker, that co-worker who subjected a protected individual to a detriment can be held personally liable, and an employer vicariously liable, for any such detrimental treatment.
The tribunal has the option to increase or reduce the amount of any compensation by up to 25% if either party has unreasonably failed to follow the Acas code on disciplinary and grievance matters.
In exceptional circumstances, a tribunal could award compensation for career-long losses – for example, if an employee has been "black-listed" in the job market, or where on medical grounds the employee cannot work in the same capacity.
In situations where the claim is brought by a worker but not an employee, termination of their contract is treated as a case of detriment, as they do not have a right to an unfair dismissal claim.
Without an effective whistleblowing system within an organisation, information that potentially would help the company avoid significant civil and criminal penalties will be missed. Relevant areas here include the Bribery Act 2010, the Criminal Finances Act 2017, as well as FCA rules on whistleblowing requirements for deposit-takers and PRA-designated investment firms.