The warning follows a case involving mental health nurse Noel Finn, who was found by a Bury St Edmunds tribunal to have been unfairly dismissed by mental healthcare provider St Andrew’s Healthcare, which feared he was seeking to highlight its failures in his new role.

Finn had previously helped expose separate scandals at an immigration detention centre and on a government assessment programme, as well as going undercover for a Channel 4 documentary.

Melanie Stancliffe, partner at Cripps Pemberton Greenish, explains a whistleblower is protected forever for having disclosed the wrongdoing: “Employers would need to avoid refusing their candidacy or appointment because the person raised the issue.

“The troublemaker perception is largely old hat these days – most businesses perceive this is an employee of integrity who was willing to stand up for what is right and will not tolerate cheats in their business they work for. So good news.”

Commenting on the implications for recruiters, Stephen Jennings, partner solicitor at Tozers Solicitors, told Recruiter at the moment, whistleblowing protection covers workers but not job applicants – other than certain NHS job applicants. 

“An agency could therefore refuse to engage an applicant but once the applicant has been engaged then it would be dangerous to take action against a whistleblower, as this employer found to its cost. Employers should be very careful about whistleblowers; dismissals due to whistleblowing are automatically unfair. The wider point, of course, is that, however challenging it may be to deal with an employee who is fault-finding, whistleblowing is in the public interest and ultimately potentially in the employer’s interest as well; shooting the messenger is rarely the best strategy.”

But Sybille Steiner, partner at law firm Irwin Mitchell, adds while there is limited protection for former whistleblowers during the recruitment process, refusing to engage an employee or worker on the basis that they have previously blown the whistle may in itself create negative publicity for the employer. 

“Whistleblowing laws are currently under review and the All Party Parliamentary Group’s report has identified some recommendations in respect of changing whistleblowing legislation. While the report does not currently recommend changes in respect of increasing protection for whistleblowing during the recruitment process, it may be highlighted if it becomes an increased concern for whistleblowers.”

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