Whistleblowing

What is Whistleblowing? 

Whistleblowing is the more commonly known as “Speaking Up” or making a “disclosure” about information that the individual reasonably believes is in the public interest.

In the workplace, common examples of whistleblowing disclosures are about health and safety concerns or sexual harassment or criminal activity including fraud or the cover up of any of these activities.  Workers who speak up about such wrongdoings are protected from being dismissed or suffering a detriment at work by the Public Interest Disclosure Act 1998 (PIDA) and may be compensated by a tribunal for any losses they suffer including an award for injury to feelings as a result of the treatment they may have suffered.

 Why have a Whistleblowing policy?

The sooner a business understands that there is problem the better, whether it relates to employees concerns about H&S, harassment or financial irregularities. Creating a culture where employees feel empowered and safe to speak up will give the organisation the best chance of getting to the nub of the problem as quickly as possible, whilst protecting its employees, brand and reputation. Employees need to know that they will be heard and will not be victimised for raising issues of concern. And a well-publicised policy backed up with training and support from the business leaders will help to ensure that they can speak up and the business is not on the receiving end of expensive and damaging claims.

How our Lawyer can help you?

Our lawyers have significant experience advising businesses on putting in appropriate Speak Up procedures, but they can also help you identify any underlying issues that may impact the level or nature of the concerns being raised and how these may be addressed. If you do have a serious whistleblowing allegation made, they can support you through any investigation process, which may include liaising with the police and other regulatory bodies in some cases, managing press and other stakeholder communications if matters become public and making appropriate Board reports and risk assessments.

If you do have to respond to a claim in the employment tribunal, they will guide you through the process and advise you on the legal merits and risks so that you are in control and able to reach a successful outcome for the business, whether through defence of the case or appropriate settlement.

Our lawyers can help you with any of the following:

• Drafting or updating your whistleblowing/Speak Up policies
• Providing you with in-house training for managers
• Advising you on grievances or management of anonymous complaints
• Reporting to regulators or other bodies
• Dealing with breaches of confidentiality and safety concerns
• Any potential claim and its merits
• Advocating in the tribunal

Contact Us

If you need any assistance with any of the above please contact our team.