You may have heard the term ‘whistleblowing’ before, but what exactly is it and when are you able to do it? Read on to find out more…
In recent years, whistleblowing has come to the fore. Countless high-profile news stories have covered instances where employees have exposed certain questionable practices carried out by their employer. But what constitutes whistleblowing?
Blowing the whistle on your employer might, at first, appear to be a daunting prospect. So, it’s important to be clued up on exactly what it involves and why it might be the best course of action.
As per the rules of employment law, whistleblowing isn’t necessarily something that will get you in trouble with your employer. So, there’s no reason to delay. Read on for detailed advice as to what whistleblowing is, and when you should consider doing it.
What is Whistleblowing?
Put simply, the act of whistleblowing is where you, an employee, report certain types of wrongdoing. Usually (but not always) this wrongdoing will have taken place at work. Passing on this type of information is often referred to as either ‘making a disclosure’, or ‘blowing the whistle’.
A disclosure can only be made if two pieces of criteria are fulfilled. The first being that the information is in the public interest and the second is that the perceived wrongdoing falls into one or more of the following categories:
- Criminal offences, 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
It’s important to note that personal grievances at work do not count as whistleblowing. This means that, if you are experiencing anything like bullying, harassment or discrimination, you will not be covered by whistleblowing law. Unless you believe that your case is in the public interest, it won’t count.
Instead, these sorts of incidents should usually be filed under your employer’s grievance policy.
Who Can You Blow the Whistle to?
Your first step should normally be to report your concern to your employer. It may be the case that your employer has a whistleblowing policy that will clearly explain what you should expect if you report your concern to them.
However, it may still be possible to report your concern to your employer, even if they don’t have a specific policy. Some smaller employers may implement a policy into a more general code of ethics. Or, they may have local whistleblowing procedures that are relevant to their specific business units.
It’s important to note that there are other options available if you don’t want to report your concern to your employer. You can either elect to guide legal advice from a specialist employment lawyer, or you can choose to speak to a prescribed person or body.
There are various specific bodies that will be able to help deal with the issue that you intend to raise. For a full list of the prescribed bodies you can report to, you can visit the government website.
Can You Be Anonymous When Blowing the Whistle?
You can choose to blow the whistle to your employer or a prescribed body anonymously. However, this may prevent your case from being taken further if you have not provided all the necessary information required.
When someone provides their contact details, a prescribed body can then easily assess the information provided and decide how they want to investigate the matter.
Another option is to disclose your name, but request confidentiality. If a prescribed body provides this option, it will usually be the case that they’ll have a set of guidelines and safeguarding measures in place to ensure that you are protected from being identified.
It’s important to note that, in some cases, it may be necessary to reveal your personal information if it is in the interests of protecting the public.
What Can You Expect After Whistleblowing?
When you make a disclosure, your employer or prescribed body will listen to your concern and decide whether taking further action is appropriate. Government guidelines declare that you must disclose whether you want anyone else to know if it was you who raised the concern.
You will not be able to influence how your concern is dealt with. That said, your employer or the body you have consulted can keep you informed about their actions.
If you’re a worker, you’re protected by law. Workers could include:
- An employee, such as a public service worker, office worker, factory worker etc.
- A trainee, such as an apprentice or an intern.
- An agency worker
- A member of a Limited Liability Partnership (LLP)
If you believe that you have been treated unfairly because you have blown the whistle (such as being dismissed), you may be able to take a case to an employment tribunal. If you intend to do so, then you’ll will need to do it within three months of your employment ending.
You must also notify the Advisory, Conciliation and Arbitration Service (ACAS) if you want to take your case to an employment tribunal.
For further advice about reporting unfair treatment following whistleblowing, you should speak to Citizen’s Advice, the whistleblowing charity, Protect, as well as your trade union.
Are You Considering Whistleblowing?
Hopefully, this guide has given you all the information you need about whistleblowing and when you might need to consider taking action.
The decision to blow the whistle is not one you should take lightly, and you’ll need to take plenty of factors into consideration. This includes who you decide to report to and whether you would like to remain anonymous.
Are you considering whistleblowing? Or perhaps you have blown the whistle in the past? If you’ve got any extra information you would like to share, then feel free to leave a comment below to keep the discussion going!
