Many managers are aware of whistleblowing, but it can sometimes be an area that’s overlooked, particularly if managers are busy or are under time or other pressures. As whistleblowing complaints have increased over the years, more businesses may find themselves vulnerable to claims from whistleblowers alleging that their rights have been infringed.
So, what three things should managers bear in mind to help protect their business?
- Be alert – know when an employee is ‘blowing the whistle’
- Be aware of whistleblower protection
- Keep an eye on legal developments
1. Be alert – know when an employee is ‘blowing the whistle’
The law on whistleblowing can be tricky, but broadly speaking, whistleblowing is where an employee discloses information, usually to their employer, which they reasonably believe shows certain types of wrongdoing has occurred, is occurring or is likely to occur. The employee must reasonably believe that the disclosure is in the public interest.
There are six types of wrongdoing – criminal offences, breach of any legal obligation, miscarriages of justice, danger to the health and safety of any individual, damage to the environment and the deliberate concealing of information about any of these things. In practice, these categories can be wide and it’s important to bear in mind that employees can still have whistleblower protection even if it turns out that what they were saying was wrong.
When it comes to spotting whether an employee is a whistleblower, managers should bear in mind that there are different ways employees can blow the whistle, for example, it could be done verbally or by email or letter.
2. Be aware of whistleblower protection
As you would expect, it’s automatically unfair to dismiss an employee wholly or partly because they have blown the whistle. Not only do employees have this protection from day one of their employment but, unlike most other types of unfair dismissal, there is no limit on the amount an employment tribunal can award to an employee who succeeds in their claim.
Because of the above, making a whistleblowing claim can be particularly attractive to employees who are dismissed with short service so it’s important to establish whether an employee has blown the whistle before any action is taken.
It’s also important to bear in mind that employees additionally have protection from being subjected to a detriment, such as being disciplined or demoted, because they have blown the whistle.
3. Keep an eye on legal developments
There are a couple of proposed Bills that may impact the law on whistleblowing:
- The Office of the Whistleblower Bill is a Bill that proposes to establish an independent Office of the Whistleblower, which would, amongst other things, enforce standards for the management of whistleblowing cases, provide disclosure and advice services, and direct whistleblowing investigations.
- The Employment Rights Bill contains a proposal to add sexual harassment as a new standalone category of wrongdoing for whistleblowing disclosures (it’s worth bearing in mind that a complaint about sexual harassment is already capable of being protected by the law on whistleblowing)
We will keep you updated on whistleblowing developments.
If you have a HR matter you would like assistance with, please don’t hesitate to get in touch.