Workplace protection for whistle-blowers was introduced by the Public Interest Disclosure Act in 1998.
In order to receive this statutory protection, workers must make a protected disclosure (‘blow the whistle’). This means that the worker must disclose information, that they reasonably believe shows that one of the following has happened, is happening, or is likely to happen:
- 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.
Whistleblowing legislation protects workers from being dismissed and/or subjected to a detriment because they have made a protected disclosure.
In recent years whistleblowing legislation has been criticised for not going far enough. Following calls for a review of the framework, the government has launched a review of the whistleblowing framework. The purpose of the review, led by the Department for Business and Trade, is to consider whether the whistleblowing framework is effective, including analysing what best practice looks like when responding to disclosures.
The core areas the review will explore are:-
- how has the whistleblowing framework facilitated disclosures?
- how has the whistleblowing framework protected workers?
- the definition of worker for whistleblowing protection purposes.
- is whistleblowing information available and accessible for workers, employers, prescribed persons and others?
- what have been the wider benefits and impacts of the whistleblowing framework, on employers, prescribed persons and others?
- what does best practice look like in responding to disclosures?
It is anticipated that the review will conclude by Autumn 2023 and we will provide an update on the review outcomes in due course.
Best practice for employers
We understand that the whistleblowing framework can be difficult to navigate, but it is as important as ever that employers get it right given the very significant implications for employee relations and operationally/reputationally/financially if they do not.
Our top tips for best practice are:
- Ensure that a robust whistleblowing policy is in place and is reviewed periodically;
- Promptly investigate disclosures that are made in line with the whistleblowing policy;
- Carry out wider reviews/improvements to enable the Freedom to Speak Up / Raising Concerns culture to thrive. The underlying theme should be to ensure that workers know that whistleblowing is encouraged and that they will be supported if they raise concerns;
- Provide all staff with training, from induction and thereafter periodically, about how to make a protected disclosure and how disclosures will be acted upon;
- Managers should receive additional training (and re-fresher training) relating to how to identify, and deal with, protected disclosures; and
- Signpost staff to those individuals in the organisation with specific responsibilities related to whistleblowing (i.e. champions / directors / Freedom to Speak Up Guardians) and the internal support available to staff who wish to raise concerns.
If you would like any advice in relation to this area please do not hesitate to get in touch with your usual Hill Dickinson Health Employment contact.
For further information, please contact:
Harriet Gardner, Hill Dickinson
harriet.gardner@hilldickinson.com
