Changes to Whistleblowing Laws

Overview
Whistleblowing is when a worker reports suspected wrongdoing at work. If workers make a disclosure to their employers or a relevant organisation they are protected under the Public Interest Disclosure Act 1998. This is commonly known as ‘blowing the whistle’. The law that protects whistle-blowers is for the public interest so people can speak out if they find malpractice in an organisation.

A worker can report an issue which they think is either happening, has taken place or is likely to happen in the future that they may consider to be illegal or negligent, for example:
  • Someone’s health and safety is in danger
  • Damage to the environment
  • A criminal offence
  • The company is not obeying the law (e.g. not having the right insurance)
  • Covering up a wrongdoing
Workers who blow the whistle on wrongdoing in the workplace can claim unfair dismissal if they are dismissed or victimised for doing so.


Changes to the law

Important changes to the law on whistleblowing took effect on 25th June 2013 and will have an impact on both employers and employees.
 
Here in this short guide we have outlined the key changes to be aware of.
 
 

Summary of key changes

  1. A whistle-blower no longer has to show that the disclosure has been made in good faith (i.e. not arising out of an ulterior motive such as self-interest). However, tribunals will now have the power to reduce compensation by up to 25% if the disclosure was made in bad faith.
  2. A whistle-blower will now have to show that their disclosure has been made ‘in the public interest’. This will make it much more difficult to bring a successful claim. This also means that an employee’s complaints about an alleged breach of his/her own employment contract will often not now be covered.
  3. A whistle-blower who has suffered victimisation from a co-worker as a result of blowing the whistle can now claim against the co-worker, and the employer may be indirectly liable for that victimisation.
What does this mean for employers?
Employers must review and update their policies and procedures to ensure they remain compliant.
 
Here are some steps to follow when updating your whistleblowing policy:
 
Ensure that your whistleblowing policy covers protected disclosures made ‘in the public interest’
A ‘qualifying disclosure’ means any disclosure of information that, in the belief of the worker, is made in the public interest. This section of your whistleblowing policy should be amended to explain what constitutes a protected disclosure.
 
Remove the requirement in your whistleblowing policy that disclosures must be made ‘in good faith’
The requirement that a whistle-blower make a qualifying disclosure ‘in good faith’ is removed therefore this section of your policy should be amended.
 
Clarify that complaints about breaches of employees’ own contracts of employment should be raised as a grievance
Employees will generally be unable to ‘blow the whistle’ about breaches of their own employment contract. This should be explained in your policy making it clear that an employee making such a complaint can still use the grievance procedure.
 

Make sure that other employees do not mistreat whistle-blowers
Whistle-blowers will be protected from suffering a detriment, bullying or harassment from another employee. Before these changes, employees were protected from adverse treatment only in relation to their employer’s activity. Your policy should be updated to make it clear that colleagues should not mistreat a whistle-blower.

 
Look out for further developments and updates in our upcoming newsletters.
If you require a whistleblowing policy for £30 or need assistance updating your existing whistleblowing policy please email us at: julie.ware@peoplebusiness.co.uk or call us on 01932 874944 You can also respond at http://people-insight.blogspot.com/