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WHISTLEBLOWING – formally known as making a protected disclosure – occurs when a worker reports what they believe to be a type of wrongdoing.
Workers and employers should know that whistleblowers are protected from victimisation or dismissal related to or because of their whistleblowing.
When is a disclosure of information classed as whistleblowing?
To qualify for protection as a whistleblower under UK law, the individual must:
- Be classed as a worker;
- Have a reasonable belief that the information they are providing is true, the misconduct they are reporting has already happened or is likely to happen in the future and make their disclosure in the public interest;
- Use the appropriate channels when reporting the wrongdoing.
The disclosure must also relate to a specific kind of wrongdoing, such as a breach of a legal obligation or potential or actual danger to health and safety.
Workers might be afraid of whistleblowing. However, they should be reassured that legal protection is in place to help them report malpractice without fearing adverse consequences.
How should employers respond?
After receiving a potential whistleblowing report, it is vital for employers to act with integrity and transparency. Failing to appropriately respond to whistleblowing can have serious consequences.
If a worker suffers any unfair treatment after making a protected disclosure, they could bring an employment tribunal claim and seek compensation. There is no limit to compensation in whistleblowing claims.
Employers can take several proactive steps regarding whistleblowing, including:
- Implementing and regularly reviewing a whistleblowing policy;
- Providing all workers with comprehensive training.
Whistleblowing is an issue which often relates to sensitive aspects of a business’ operations and it can have devastating reputational consequences.
Workers seeking to report malpractice and employers dealing with such reports should always seek professional guidance on the best course of action.
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