What is Whistleblowing?
Nov
Whistleblowing is the direct action of disclosing or reporting wrongdoing within a company. It occurs when an individual suspects or has become aware that an illegal, unsafe or unethical practice or activity is taking place. The individual then shares this information with another person, authority or regulator.
Legally, the act of whistleblowing is known as ‘making a disclosure in the public interest’. This is because other people may be affected by the wrongdoing, such as employees, stakeholders or the general public.
Who Can Be a Whistleblower?
The person reporting their concerns is said to be ‘blowing the whistle’. This person is therefore referred to by the term ‘the whistleblower’. Anybody suspecting wrongdoing can be a whistleblower. However, when it comes to a company, it is often someone with a personal knowledge of activities and practices. Therefore, common whistleblowers include employees, contractors, clients, stakeholders or suppliers.
There is often a negative stigma surrounding the term ‘whistleblowing’. However, it is important that a company views this act in a positive light. All businesses should want to know about and encourage the disclosure of any wrongdoing. Furthermore, protecting the identity and reputation of any person coming forward with a concern is essential.
Public Interest Disclosure Act 1998
The Public Interest Disclosure Act 1998 (PIDA) is an Act of Parliament. It includes provisions for protecting whistleblowers from any adverse or detrimental treatment by their employer or colleagues. The aim of the Act is to protect those coming forward with information about any wrongdoing within an organisation.
Furthermore, such reports should be made to employers, the authorities or regulators without the fear of repercussions. This includes the whistleblower receiving fair treatment withiin the workpace and continuing their role without adverse or negative consequences or pressure.
A Qualifying Disclosure
A qualifying disclosure is one made in the interest of the public interest. The person making the disclosure should have a reasonable beliefe that the information reported shows that one or more of the below has been, is being, or is likely to be, committed: –
- a criminal offence.
- a failure to comply with any legal obligation.
- a miscarriage of justice.
- the putting of the health and safety of an individual in danger.
- damage to the environment.
- deliberate concealment relating to any of the above.
Whistleblower Protection and Rights
Businesses should have robust whistleblowing procedures in place. These procedures should seek to encourage the reporting of any wrongdoing within the company. Furthermore, controls and measures must be implemented to protect the person making the disclosure.
The PIDA makes it unlawful to dismiss anyone from employment for reporting genuine concerns of wrongdoing. In addition, the Act does not allow for the ‘whistleblower’ to be victimised on the basis that they have made an appropriate lawful disclosure.
The protection and rights of whistleblowers should be documented in your Whistleblowing Policy. This should go hand in hand with your Bully & Harrassment Policy which should include reference to whistleblowers.
Whistleblowing Policy Template
Our 13-page Whistleblowing Policy Template is just £15.00 and is fully customisable. In addition to ready to use content in a compliant, professional format, our policy templates are used by 11,000+ businesses. Covering the requirements under the Public Interest Disclosure Act 1998, the template is suitable for all business types.
In addition, we have covered the FCA whistleblowing rules for those authorised by the regulator. Do you have obligations under the SYSC 18 rules on whistleblowing? If so, we have added the regulatory objectives and FCA disclosure requirements to our whistleblowing policy template.
