Whistleblowing is a term that often breeds confusion, but it’s of paramount importance for both employees and employers to comprehend its essence and its legal safeguards.
The revelation of misconduct in the workplace is an issue that warrants utmost attention, and whistleblowing should never be downplayed or discouraged by employers.
As part of our continued exploration of key HR themes, as part of our wider business advisory services, we wanted to give you a low down on why whistleblowing should be taken seriously.
What is whistleblowing?
Whistleblowing pertains to the act of revealing information that exposes misconduct, illegalities, or unethical practices within an entity.
This might encompass fraud, corruption, violations of health and safety standards, or any other actions contrary to public interest. Those who bring such information to light are termed whistleblowers.
Understanding Whistleblowing Protection
Whistleblowers are shielded under the Public Interest Disclosure Act 1998 (PIDA), which modifies the Employment Rights Act 1996.
PIDA’s primary objective is to shield employees who expose wrongdoings from any resulting negative consequences or dismissal imposed by their employer.
For a disclosure to be shielded by PIDA, it must be recognised as a ‘protected disclosure’.
This entails that the whistleblower must have a reasonable belief that their disclosure serves the public interest and uncovers past, present, or probable future misconduct, falling under one or more of six categories:
- Criminal offenses
- Failure to abide by legal duties
- Miscarriages of justice
- Risks to health and safety
- Environmental damage
- Intentional concealment of misconduct in these categories.
If an employee makes a protected disclosure, they should be safeguarded against dismissal or any detrimental outcome.
If they experience such, they might be eligible to present their case to an employment tribunal.
Why is it vital to protect whistleblowing?
Protective measures for whistleblowing are crucial as they motivate individuals to reveal information about misconduct without fear of retaliation.
These provisions can aid in uncovering malpractice that may otherwise have remained hidden, paving the way for enhanced accountability and governance within organisations.
It also fosters an atmosphere of transparency, where employees feel confident to voice their concerns.
How should employers respond to whistleblowing?
It’s vital to foster a workplace where employees feel secure voicing their concerns.
Enterprises should establish a well-defined whistleblowing policy, outlining the process for making disclosures, how these will be managed, and reinforcing the company’s commitment to safeguard whistleblowers.
Organisations can provide training to all employees about the significance of whistleblowing and their rights under the PIDA.
This may be a worthwhile investment as part of your wider HR approach given the legal protections afforded to whistleblowers.
If you need further business advisory services, we can help. Speak to our team today for the latest guidance.
