Whistleblowing
Employees and workers and protected from being dismissed or subjected to a detriment because they have made a protected disclosure.
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Employees and workers and protected from dismissal or prejudice for a confidential disclosure of information.
Otherwise known as ‘whistleblowing’, a protected disclosure is something that, in the reasonable belief of the worker, tends to show that one of following has occurred, is occurring, or is likely to occur:
- A criminal offence.
- Breach of any legal obligation.
- Miscarriage of justice.
- Danger to the health and safety of any individual.
- Damage to the environment.
- The deliberate concealing of information about any of the above.
Not only must the employee reasonably believe one of the above has occurred, but they must reasonably believe that the disclosure is in the public interest.
Any dismissal of an employee for making a protected disclosure will be automatically unfair.
Employers should consider implementing a whistleblowing policy to set out procedures by which staff can confidentially report such concerns. Confidentiality clauses in contracts of employment cannot be relied upon to prevent external disclosures, as they are unenforceable if the disclosure is “protected”.
Frequently Asked Questions about Employment Law
What is whistleblowing?
Whistleblowing is when a worker reports suspected wrongdoing at work, also known as making a disclosure in the public interest.
Who is classified as a whistleblower?
A whistleblower is an employee, worker, or member of an organisation who reports certain types of wrongdoing perceived to be in the public interest.
What protections do whistleblowers have under UK law?
The Public Interest Disclosure Act 1998 (PIDA 1998) provides protection for workers reporting malpractices by their employers or third parties against any form of victimisation or dismissal.
What are the consequences of non-compliance with whistleblowing regulations?
Non-compliance can result in legal action, financial penalties, and reputational damage. Employees dismissed because of whistleblowing can claim unfair dismissal.
What are the benefits of encouraging whistleblowing in my business?
Encouraging whistleblowing can help identify wrongdoing early, reduce risk, protect your business’s reputation, and foster a culture of transparency and accountability.
How should a business handle whistleblowing incidents involving payroll fraud, harassment, or discrimination?
Businesses should investigate all whistleblowing reports promptly, fairly, and confidentially. If the allegations are proven, appropriate action should be taken, which could include disciplinary measures, reporting to authorities, or changes in business practices.
Contact the Franklins Employment Law team
If you have any questions about employment law, please don’t hesitate to contact our team of experts who are on hand and ready to help you.
