What is whistleblowing?

Whistleblowing involves the reporting of wrongdoing – such as, misconduct, fraud, or unethical behaviour within an organisation. It serves as a critical tool for uncovering issues that may otherwise go unnoticed, ensuring accountability and fostering a culture of integrity.

Importance of whistleblowing

Whistleblowers play a crucial role in protecting organisations from internal and external risks. By stepping forward, they help identify problems early, enabling organisations to address them before they escalate, thereby safeguarding the organisation’s reputation and operational efficiency.

Legal framework and protection

To be covered by whistleblowing law, a worker who makes a disclosure must reasonably believe two things. The first is that they are acting in the public interest. This means in particular that personal grievances and complaints are not usually covered by whistleblowing law.

The second thing that a worker must reasonably believe is that the disclosure tends to show past, present or likely future wrongdoing falling into one or more of the following categories:

• criminal offences (this may include, for example, types of financial impropriety such as fraud)
• failure to comply with an obligation set out in law
• miscarriages of justice
• endangering of someone’s health and safety
• damage to the environment
• covering up wrongdoing in the above categories

Whistleblowing law is located in the Employment Rights Act 1996 (as amended by the Public Interest Disclosure Act 1998). It provides the right for a worker to take a case to an employment tribunal if they have been victimised at work or they have lost their job because they have ‘blown the whistle’.

Employer obligations towards whistleblowing

As an employer, it is good practice to create an open, transparent, and safe working environment where workers feel empowered to speak up. While the law does not mandate having a whistleblowing policy, having one in place demonstrates an employer’s commitment to listening to workers’ concerns. Clear policies and procedures for handling whistleblowing indicate that the organisation values and welcomes information being brought to the attention of management. This approach not only fosters trust but also helps in identifying and addressing issues promptly.