Comprehensive forensic evaluation of the psychiatric injury and psychological detriment following protected disclosures. Our experts provide CPR Part 35–compliant evidence (for civil proceedings) and expert reports prepared in accordance with applicable Tribunal Procedure Rules for Employment Tribunals with urgent reports available, subject to documentation and expert availability.
This assessment is essential in Employment Tribunal cases where a claimant alleges psychiatric harm or significant psychiatric injury affecting vocational functioning as a result of whistleblowing victimisation.
What Is a Whistleblowing Impact Assessment?
A Whistleblowing Impact Assessment is a specialized forensic psychiatric evaluation designed to determine the extent of psychological harm caused by workplace victimization and detriment. It assesses and describes the clinical impact following a protected disclosure, identifying whether symptoms meet recognised ICD-11 or DSM-5 diagnostic criteria.
The assessment applies the legal framework of the Employment Rights Act 1996, focusing on the causal link between the whistleblowing event and the claimant’s mental health status. Our experts provide an independent opinion on whether the alleged detriment has led to long-term impairment or affected vocational functioning.
Causation analysis — establishing a link between the protected disclosure and psychiatric injury
Diagnostic formulation — identifying specific conditions such as PTSD or Adjustment Disorder
Pre-existing vulnerability — assessing the impact of prior mental health history on current symptoms
Prognosis and recovery — estimating the duration of symptoms and future treatment requirements
Functional impairment — evaluating the claimant’s ability to return to work or similar roles
Quantum considerations — providing clinical evidence to assist the Tribunal in assessing injury to feelings
Our expert witnesses provide rigorous independent evidence within the Employment Tribunal setting, ensuring that complex clinical data is accessible to the court. We evaluate the credibility of reported symptoms through standardized clinical interviews.
The resulting expert opinion addresses the severity of the psychiatric injury, described with reference to the Vento guidelines, facilitating a fair determination of damages and future care needs.
Key Assessment Components
Our assessment evaluates the following areas:
Clinical Interview
A detailed examination of the claimant’s psychiatric history and the specific timeline of whistleblowing events.
Diagnostic Assessment
Identification of formal mental disorders using ICD-11 or DSM-5 criteria following the alleged detriment.
Causation Review
Analysis of whether the psychological injury was directly caused by workplace victimization or other external stressors.
Occupational Impact
Evaluation of how the symptoms affect the claimant’s working capacity and future career prospects.
Documentation Review
A thorough analysis of occupational health records, GP notes, and internal HR correspondence.
Prognostic Outlook
Expert opinion on the recovery timeline and any recommended therapeutic interventions required for rehabilitation.
Conditions That May Affect This Assessment
A range of psychiatric and psychological conditions can affect this assessment. These include:
Post-Traumatic Stress Disorder (PTSD)
Adjustment Disorder
Major Depressive Disorder
Generalised Anxiety Disorder
Panic Disorder
Burnout (ICD-11 occupational phenomenon)
The manifestation of these conditions can fluctuate significantly depending on the stage of the legal proceedings and ongoing workplace conflict.
Assessment Process
01
Instruction Received
Formal instructions are reviewed alongside the list of protected disclosures and alleged detriments.
02
Expert Matched
We select a forensic psychiatrist or psychologist with specific experience in whistleblowing and employment law.
03
Assessment Conducted
A comprehensive clinical interview and psychometric evaluation are performed, either in person or via secure video link.
04
Report Delivered
A CPR Part 35 compliant report is issued, providing clear conclusions on causation, diagnosis, and prognosis.
Turnaround Times
Urgency Level
Timescale
Standard Report
4-6 weeks from assessment
Priority Report
1-2 weeks
Urgent Report
1-4 days
We offer expedited timelines for Whistleblowing Impact reports, delivering expert witness evidence within 1–4 days, subject to documentation and expert availability.
What’s Included in the Report
Clinical history and background
Chronology of protected disclosures
Summary of alleged workplace detriments
Mental state examination findings
Standardised psychometric test results
ICD-11 / DSM-5 diagnostic formulation
Detailed analysis of clinical causation
Assessment of functional and vocational impairment
Recommendations for future psychiatric treatment
Clinical opinion addressing factors relevant to Vento band assessment
All reports prepared for civil litigation are compliant with CPR Part 35 where applicable and our experts are available for cross-examination at Employment Tribunal hearings.
Frequently Asked Questions
The primary purpose is to provide an independent clinical evaluation of whether an individual has suffered a psychiatric injury as a direct consequence of making a protected disclosure and subsequent workplace detriment. This assessment helps the Employment Tribunal quantify damages by establishing a clear link between the employer’s actions and the claimant’s mental health. It also distinguishes between pre-existing conditions and new trauma arising from the whistleblowing process.
Our experts utilize a rigorous forensic approach to causation, examining medical records, occupational history, and the timeline of the alleged victimization to isolate the impact of the protected disclosure. They apply the “but for” test in a clinical context, considering whether the psychiatric symptoms would have occurred regardless of the whistleblowing events. This involves filtering out other life stressors and evaluating the claimant’s baseline psychological resilience.
Yes, the assessment provides the medical evidence necessary to categorize a claim within the Vento bands, which determine the level of compensation for injury to feelings. By documenting the severity, duration, and impact of the psychological distress, the expert report assists the tribunal in deciding whether the case falls into the lower, middle, or upper band. This is particularly relevant when the whistleblower has suffered significant psychiatric harm such as PTSD or clinical depression.
Depending on the requirements of the case, the assessment can be conducted by either a Consultant Forensic Psychiatrist or a Consultant Clinical Psychologist. Psychiatrists are typically preferred when a formal medical diagnosis and medication review are required, whereas psychologists may provide deeper insight through psychometric testing and cognitive assessments. In many whistleblowing cases, a psychiatrist is instructed to provide the definitive diagnosis for the court.
The expert requires a complete set of GP records, any relevant psychiatric or occupational health notes, and a detailed witness statement outlining the whistleblowing events. Additionally, documents related to the alleged detriment, such as disciplinary records or performance reviews, are essential for establishing the timeline. Access to this comprehensive data ensures the expert can provide a robust and defensible opinion on causation.
While the final banding decision rests with the Tribunal, the expert report provides the clinical foundation by describing the intensity of the claimant’s suffering and the degree of functional impairment. The report will detail the symptoms, their impact on daily life, and the likely duration of the injury, which are the key factors used by the court to apply the Vento guidelines. Our experts are familiar with the current Vento thresholds and tailor their evidence to address these legal requirements directly.
Yes, we can conduct Whistleblowing Impact Assessments via secure video platforms, which is often preferred for claimants who find traveling to a clinic particularly stressful due to their condition. Remote assessments are conducted with the same level of clinical rigor as in-person interviews and are fully accepted by Employment Tribunals. This flexibility ensures that assessments can be completed promptly, even when the claimant is unable to leave their home.
Need a Whistleblowing Impact Report?
Contact our team today for a CPR-compliant evaluation of psychiatric detriment. We provide expert CVs and transparent written quotes within 60 minutes.
Whistleblowing Impact assessments provide independent medico-legal evaluation of psychiatric injury and psychological detriment following protected disclosures. These reports are commonly instructed for Employment Tribunal claims where a claimant alleges clinically significant harm to mental health, functioning, and work capacity arising from whistleblowing victimisation, workplace retaliation, or prolonged dispute processes.
Expert deliverables for legal proceedings
Experts provide structured opinions suitable for tribunal use, addressing diagnosis, severity, prognosis, causation, and the functional impact on day-to-day and vocational functioning. Where relevant, the report considers symptom course over time, treatment history, and whether ongoing stressors (for example, workplace conflict or litigation) are maintaining factors. Reports may also address adjustment needs and realistic work-focused recommendations in line with the instruction questions.
Required documentation and case information
To proceed with a Whistleblowing Impact instruction, solicitors should provide key tribunal documents (ET1/ET3 where available), a chronology of disclosure events and alleged detriments, occupational records where relevant, and medical records (GP, counselling, psychology, psychiatry). Clear instructions on the alleged protected disclosure harm and the specific areas of functional impact (attendance, performance, relationships, sleep, concentration) help target the assessment to the legal issues in dispute.
Process, timelines and expert independence
Assessments follow established medico-legal practice with independent expert evaluation. The process typically involves clinical interview, review of documentation, and report preparation with transparent reasoning that distinguishes facts, clinical findings, and opinion. Experts maintain independence throughout and avoid assumptions about legal outcomes. If urgent timelines are required, feasibility depends on records being provided promptly and expert availability.
