Direct Access Barrister
Christopher Mallon BL is a direct access whistleblowing barrister providing expert advice and representation in protected disclosure claims, whistleblowing detriment, and automatically unfair dismissal before the Employment Tribunal. He can be instructed directly by individuals and organisations.
Types of Claim
Dismissal for making a protected disclosure is automatically unfair under s.103A ERA 1996. There is no qualifying period of employment — you can claim from day one.
Any detrimental treatment short of dismissal — including disciplinary action, demotion, exclusion, or a hostile working environment — may give rise to a detriment claim under s.47B ERA 1996.
Whistleblowing protection extends to workers, not just employees — including agency workers, contractors, and those in the gig economy. Christopher advises on whether protection applies to your situation.
A qualifying disclosure must be made in the public interest and relate to one of the six categories: criminal offences, legal obligations, miscarriages of justice, health and safety, environmental damage, or cover-ups.
The Law
Under the Public Interest Disclosure Act 1998 (PIDA), a qualifying disclosure must relate to one of six categories and must be made in the public interest. The disclosure must be made to an appropriate recipient — typically the employer, a prescribed regulator, or (in limited circumstances) the wider public.
Disclosures about criminal conduct by the employer or a third party — including fraud, theft, or regulatory offences.
The most commonly relied-upon category — covering breaches of employment law, health and safety law, financial regulations, and other statutory obligations.
Disclosures about a miscarriage of justice — for example, wrongful conviction or improper conduct in legal proceedings.
Disclosures about dangers to the health or safety of any individual — including employees, customers, or members of the public.
Disclosures about damage to the environment — including pollution, unlawful waste disposal, or breaches of environmental regulations.
Disclosing that information about any of the above categories has been, is being, or is likely to be deliberately concealed.
Why Instruct Christopher
Whistleblowing claims have no two-year qualifying period. Christopher advises on whether your disclosure qualifies for protection and the steps to take before the three-month time limit expires.
Because compensation in whistleblowing cases is uncapped, the quality of the schedule of loss and the evidence of detriment can make a substantial difference to the outcome.
The public interest test is frequently contested. Christopher advises on whether your disclosure meets the test and how to present the public interest argument effectively at Tribunal.
Christopher also accepts direct access instructions from employers defending whistleblowing claims — advising on litigation strategy, drafting the ET3 response, and representing at hearings.
How It Works
Contact Christopher to discuss the facts of your case. He will assess whether your disclosure qualifies for protection, identify the relevant claim type, and advise on the strength of the evidence.
Christopher provides a written advice on the merits of the claim, the applicable time limits, the available remedies, and the litigation strategy — enabling you to make an informed decision before committing to proceedings.
He drafts the ET1 claim form, prepares witness statements, advises on the evidence bundle, and assists with the schedule of loss — ensuring your case is presented to the highest standard.
Christopher represents you at all hearings — from preliminary issues hearings through to the final merits hearing — cross-examining witnesses and making legal submissions on your behalf.
Common Questions
Whistleblowing claims must be notified to ACAS within three months less one day of the act of detriment or dismissal. You must complete ACAS Early Conciliation before submitting your claim. Missing the time limit will almost certainly bar your claim — do not delay in seeking advice.
Contact
Christopher accepts direct access instructions from individuals and organisations in whistleblowing and protected disclosure matters. Send an enquiry or call to discuss your case.