Whistleblowing

Whistleblowing is the term used when a person passes on information concerning wrongdoing, such as corruption, sexual harassment... This can be referred to as "blowing the whistle", "making a disclosure", "making a whistleblowing report", or otherwise.(Mondaq. 2019)

Whistleblowing is the act of drawing public attention, or the attention of an authority figure, to perceived wrongdoing, misconduct, unethical activity within public, private or third-sector organisations. Corruption, fraud, bullying, health and safety violation, cover-ups and discrimination are common activities highlighted by whistleblowers. (hrzone. 2021)

Whistleblowing Code of Practice

It is important that employers encourage whistleblowing as a way to report wrongdoing and manage risks to the organisation. Employers also need to be well equipped for handling any such concerns raised by workers. It is considered best practice for an employer to:

• Have a whistleblowing policy or appropriate written procedures in place

• Ensure the whistleblowing policy or procedures are easily accessible to all workers

• Raise awareness of the policy or procedures through all available means such as staff engagement, intranet sites, and other marketing communications

• Provide training to all workers on how disclosures should be raised and how they
• will be acted upon

• Provide training to managers on how to deal with disclosures

• Create an understanding that all staff at all levels of the organisation should demonstrate that they support and encourage whistleblowing

• Confirm that any clauses in settlement agreements do not prevent workers from making disclosures in the public interest

• Ensure the organisation’s whistleblowing policy or procedures clearly identify who can be approached by workers that want to raise a disclosure. Organisations should ensure a range of alternative persons who a whistleblower can approach in the event a worker feels unable to approach their manager. If your organisation works with a recognised union, a representative from that union could be an appropriate contact for a worker to approach

•  Create an organisational culture where workers feel safe to raise a disclosure in theknowledge that they will not face any detriment from the organisation as a result of speaking up.

• Undertake that any detriment towards an individual who raises a disclosure is not acceptable

• Make a commitment that all disclosures raised will be dealt with appropriately, consistently, consistently, fairly and professionally

• Whistleblowing: Guidance for Employers
• Undertake to protect the identity of the worker raising a disclosure, unless requiredby law to reveal it and to offer support throughout with access to mentoring, advice and counselling

• Provide feedback to the worker who raised the disclosure where possible and appropriate subject to other legal requirements. Feedback should include an indication of timings for any actions or next steps

( Crown, 2015)

Confidentiality 

There may be good reasons why a worker wishes their identity to remain confidential. The law does not compel an organisation to protect the confidentiality of a whistleblower. However, it is considered best practice to maintain that confidentiality, unless required by law to disclose it. Managers dealing with whistleblowing concerns should be briefed to ensure they understand how to handle the disclosure and protect personal information. 

It will help to manage the expectations of whistleblowers if the risk that some colleagues may still speculate about who has raised the concern is explained to them. 

Anonymous information will be just as important for organisations to act upon. Workers should be made aware that the ability of an organisation to ask follow up questions or provide feedback will be limited if the whistleblower cannot be contacted. It may be possible to overcome these challenges by using telephone appointments or through an anonymised email address.

 Workers should be made aware that making a disclosure anonymously means it can be more difficult for them to qualify for protections as a whistleblower. This is because there would be no documentary evidence linking the worker to the disclosure for the employment tribunal to consider. 

( Crown, 2015)

Conclusion.

 If you are a worker concerned that your employer is committing breaches of equality and human rights law, you can report to relevant authorities 

If the information you provide meets certain criteria, you may be protected by whistleblowing law. This means you should not be treated unfairly or lose your job because you reported it.

The company will deal with your concern in accordance with this policy.

References

Morrison, Elizabeth. (2014). Employee Voice and Silence. Annual Review of Organizational Psychology and Organizational Behavior. 1. 173-197. 10.1146/annurev-orgpsych-031413-091328.

Spencer, D. G. (1986). Employee Voice and Employee Retention. Academy of Management Journal, 29(3), 488–502. doi:10.5465/256220.

The Australian Financial Review, (2020) Smart companies look to harness employee voice. [online] Available from https://www.afr.com/companies/smart-companies-look-to-harness-employee-voice-20180926-h15vql [Accessed: 30 May 2021].

Williams, S & Adam-Smith, D (2006) Contemporary Employment Relations: A critical introduction, Oxford, Oxford University Press.

Crown, (2015) WHISTLEBLOWING, Department for Business, Innovation and Skills.