The importance of whistle-blowing and need to protect those brave enough to expose unlawful activity at work.

The award of over £3m to a whistle-blower is a timely reminder to all employers of the serious consequence of mistreating those brave enough to lift the lid on wrongdoing in the workplace.

Whistle-blowers who report serious transgressions or criminal activity at work are protected by law and should not be treated unfairly or lose their job because they ‘blow the whistle.’

An employee is protected if they report the following [1 CITED 9.5.23]

• A criminal offence, for example fraud.
• Someone’s health and safety is in danger.
• Risk or actual damage to the environment.
• A miscarriage of justice.
• The company is breaking the law, for example does not have the right insurance.
• You believe someone is covering up wrongdoing.

Traditionally there has been a stigma attached to whistle-blowing. It involves exposing wrongdoing that may be unknown but in some cases is known about and is being deliberately covered up, or matters that can cause serious problems and severe reputational damage for a business.

It is not uncommon for an employee who lifts the lid on wrongdoing at work to subsequently be shunned, mistreated or harshly labelled a ‘grass.’

 It is perhaps why workers are reluctant to raise concerns and may find it easier to pretend not to notice what is going on.

 To blow the whistle takes courage and involves a lot of responsibility. It is why it is often difficult for an employee to disclose unethical cases.

 No employer wants to be implicated in serious wrongdoing, and the natural and impulsive reaction may be to be defensive and to act in haste to dismiss legitimate concerns.

 The risks associated with an employer failing to act appropriately in response to a protected disclosure, and to ensure the employee raising it is not mistreated, was emphasised in a recent case.

 Whistle-blower Rosalind Ranson, the top medic on the Isle of Man at the time, was awarded £3.19m in compensation following a lengthy tribunal with the Manx government. [2 CITED 9.5.23]

It is reported that she was found to have been unfairly sacked from her job after she was ‘marginalised’ after raising concerns about senior doctors' ‘crucial’ advice about coronavirus not being passed on to ministers.

In the UK, workers who blow the whistle are entitled to protections, which were introduced through the Public Interest Disclosure Act 1998 [3 CITED 9.5.23] .

Here we take a closer look at whistle-blowing in the workplace.

 Should all employers have a whistle-blowing policy?

 Employers should have a whistle-blowing policy, regardless of the size of the organisation.

 It should inform employees how to raise concerns, make them aware of what to expect. A policy can help to ensure a workforce feels safe and supported to raise appropriate concerns.

 It is not unusual for an employee to make a protected disclosure, but then feel ignored or not taken seriously. A whistle-blowing policy should detail what the individual can do in such circumstances.

 An appropriate whistle-blowing policy can help to foster a culture of openness and accountability within any organisation, and demonstrate a clear commitment to ethical and responsible business practices.

 There is a legal requirement in the UK for some regulated sectors e.g. financial services and health to have a whistle-blowing policy.

 Employers not legally required to have such a policy can still benefit from creating one, as it can help to promote a positive workplace culture and ensure the safety and wellbeing of all employees.

 How should an employee raise a whistle-blowing concern?

 The first step will be to follow the process detailed in the whistle-blowing policy if there is one.

 If there is no policy in place, a concern can still be raised. It should be reported to a senior manager within the business.

 There can be instances where an employee feels uncomfortable or unable to report a concern to a manager or use the established policy.

 In such cases they can tell a prescribed person or body that deals with the issue being raised. The Equality and Human Rights Commission is a prescribed body for whistleblowing about breaches of equality or human rights law [4 CITED 9.5.23] .

 Any legitimate concern that is raised in good faith should be taken seriously, no matter how it is brought to the attention of an employer.

 What should happen when an employer is made aware of a whistle-blowing disclosure?

 An employer is expected to listen to the concern, make the employee aware of what will happen next and take any appropriate action.

 The matter should be investigated without unreasonable delay. Any evidence should be gathered and relevant employees interviewed to help establish the facts as quickly as possible.

 The whistle-blower should be assured they will be protected from any retaliation or victimisation.

 An employer must act on its findings following an investigation e.g. change policies or procedures, take disciplinary action against individuals responsible for any wrongdoing, or report the matter to the appropriate regulatory body or police.

 When does protection start and end for a whistle-blower?

 Legal protection for whistle-blowers was introduced in the UK in 1999 as an amendment to the Employment Rights Act [5 CITED 9.5.23]

 The protection starts as soon as the employee makes a disclosure. From that point on they should not suffer any detriment for raising their concerns.

 By law, the individual should not be dismissed, demoted or suffer any type of harassment or victimisation as a direct result of making a disclosure.

 The protection usually ends when the employee leaves a business. But it can continue, if as a direct result of the disclosure, the individual can then show they have suffered a detriment e.g. by being unable to secure alternative employment or damage to their reputation.

 An employee can sometimes leave a job under a cloud and raise concerns about practices or conditions after doing so. Employers should take seriously and investigate any protected disclosures raised by an employee after leaving their role.

 How should an employer protect a whistle-blower?

 It takes courage to blow the whistle and an employee brave enough to raise concerns will often feel afraid and worried about others finding out. An employer should ensure confidentiality and take reasonable steps to protect the whistle-blower's identity if requested.

 The worker may need help to deal with the personal impact of making a disclosure, so support could include access to counselling or other support services if needed.

 It should be made clear to all staff that any act of retaliation against a whistle-blowing colleague will not be tolerated and action will be taken against anyone who does so.

 An employer can be held liable if a whistle-blower is victimised by colleagues and it has failed to take reasonable steps to prevent it.

 Employers should aim to create a working environment in which employees feel able to report any concern, and safe and supported when they do so.

What are some best practice steps for dealing with whistle-blowing at work?

Have a clear whistle-blowing policy in place, which details the process for raising concerns, the protection that will be given to any employee who reports wrongdoing in good faith and the steps that will be taken to investigate and address concerns.

 Take all reports seriously and investigate thoroughly.

 Ensure confidentiality and take any necessary steps to protect the whistle-blower’s identity if requested.

 Provide appropriate protection from retaliation.

 Provide support to help the employee deal with the pressure and strain of the situation.

 Train employees on the importance of whistle-blowing and the process for making a protected disclosure.

 These are a few crucial steps, which can help to create a culture of transparency and accountability, and ensure that whistle-blowers feel safe and supported when raising concerns about wrongdoing in the workplace.