You may have heard the term whistleblowing but may be unable to answer the question what is whistleblowing at work? Essentially, making a protected disclosure (what is commonly referred to as whistleblowing) is the act of reporting serious wrongdoing, such as illegality, within an organisation. Legal protection is available to people who report these things, but it is important to understand when this protection would be available and when it would not. Unlike everyday workplace issues, which only affect a particular individual, whistleblowing must be in the public interest and therefore the issue should affect others too, such as the illegality referred to earlier.
This blog aims to explain what whistleblowing is, how it differs from ordinary complaints, refers to the legal protection available and explains how both employers and employees should approach whistleblowing in practice. It also outlines what steps you should take if you believe that you are a whistleblower.
Contents
Understanding whistleblowing at work
Whistleblowing at work refers to sharing information relating to one or more of the following categories:
- A criminal offence had been, was being or was likely to be committed.
- A person had failed, was failing or was likely to fail to comply with a legal obligation.
- A miscarriage of justice had occurred, was occurring or was likely to occur.
- The health or safety of any individual had been, was being or was likely to be endangered.
- The environment had been, was being, or was likely to be damaged
- Information tending to show any of these things had been, was being or was likely to be deliberately concealed
What is a protected disclosure?
As referred to above, not everything qualifies as a protected disclosure. To receive legal protection, the disclosure must meet certain criteria. For example, the individual must believe that sharing such information is in the public interest, and the information must be communicated to an appropriate person or organisation. Making a disclosure in the wrong way or to the wrong person may affect whether legal protection is available or not.
Detriment in whistleblowing cases – what is it?
People who meet the conditions for legal protection are entitled not to be subjected to what is called a detriment. A detriment is essentially a disadvantage. The question is whether sharing the information (the whistleblowing) influenced the way that the person was treated.
A detriment can be interpreted broadly. Examples may be disciplinary action, demotion or denial of promotion, reduction in pay or benefits, changes to duties or working conditions, or ostracism, exclusion from meetings or opportunities, and threats of dismissal etc.
Automatic unfair dismissal for whistleblowing
If an employee is dismissed because they made a protected disclosure, the dismissal is automatically unfair.
There is no minimum length of service required, so employees are protected from day one. Furthermore, compensation is uncapped unlike unfair dismissal claims.
How employers should handle whistleblowing at work
Employers should implement a written policy explaining what whistleblowing is, how disclosures can be made, and how they will be handled. The policy should distinguish whistleblowing from general grievances and outline next steps.
Investigating disclosures promptly and impartially is particularly important. Employers must take reports seriously, investigate thoroughly, and ensure that appropriate action is taken.
Whistleblowing can be particularly challenging for all involved. Training in this complex area may assist to ensure that matters are dealt with appropriately.
What to do if you believe you are a whistleblower
Keep records of what happened and when.
Follow internal procedures where appropriate, such as by using your employer’s whistleblowing policy. Internal reporting may resolve the issue without further escalation.
Consider seeking independent legal advice. The law relating to whistleblowing is complex. For example, what you disclose and the way that you disclose it may affect the legal protection available to you. Employment law specialists can advise you on the options available to you and assist you to make an informed decision relating to next steps.
Plotkin & Chandler works exclusively in the areas of HR and employment law.
If you are an employer who would like advice on implementing whistleblowing policies, you would like to discuss training for your organisation, you would like to discuss a particular issue or you need assistance on defending an Employment Tribunal claim, we can help.
If you are an employee and believe you have been treated badly due to whistleblowing, or you think that you have been dismissed for that reason, we can help. Please contact us on 020 3923 8616 to discuss your needs and requirements or email us on info@plotkinandchandler.com
