What is the law on whistleblowing?
The law on whistleblowing stipulates that, if employees believe that there is some wrong doing or malpractice happening in their workplace, they can ‘blow the whistle’ on the behaviour. If employees do 'blow the whistle', they can be potentially protected from losing their job and / or from being victimised by their employer.
Whistleblowing is therefore the act of ‘making a disclosure in the public interest’ and as such, employees are protected by the law on whistleblowing if they:
- Are a 'worker'
- Believe that wrong doing in the workplace is happening, has happened in the past or will happen in the future.
- Are revealing information of the right type (which is a 'qualifying disclosure')
- Reveal it to the right person, and in the right way (making it a 'protected disclosure')
When are employees protected?
Employees are protected even if they are 'blowing the whistle' on malpractice that has taken place overseas, and also where the law applying to the malpractice is not UK law.
The following situations are examples which fall within the definition of a “qualifying disclosure”:
- Criminal offences
- A failure to comply with a legal obligation
- Miscarriages of justice
- Threats to an individual’s health and safety
- Damage to the environment
- A deliberate attempt to cover up any of the above
However, if an employee actually breaks the law by making a disclosure or if the information disclosed is protected under legal professional privilege, this will then not constitute a qualifying disclosure.
A “protected disclosure” exists where employees:
- Make the disclosure in good faith, which means with honest intent and without malice
- Reasonably believe that the information is substantially true
- Reasonably believe that they are making the disclosure to the right 'prescribed person'
A “prescribed person” can be someone who is:
- The employer, for example, a director of the company
- A legal adviser
- A Government minister or member of the Scottish Executive
- A person from the list published by the Government Department for employment matters
- Other persons to whom an Employment Tribunal considers it was reasonable to make the disclosure.
If employees believe that they are “blowing the whistle” on an exceptionally serious failure in a workplace, they may not need to go through the normal channels and can publicly “blow the whistle” immediately.
Law on whistleblowing and what employers should do
All employers should, therefore, be mindful of the need to publish a whistleblowing policy within their set of contractual documents.This will demonstrate the employer's commitment to openness in the way the organisation operates and will also enable their employees to come forward, confidentially if necessary, to highlight these types of issues.
Qdos HR can provide your organisation with detailed advice and information on whistleblowing matters and other related policies and issues.To discuss your individual requirements contact one of our experienced HR consultants. You can also keep up to date with the latest legislation using the links provided or visit HR Outsourcing for more help and advice.
