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Whistleblowing
Whistleblowing law provides protection for employees and workers who raise concerns about potential wrongdoing in the workplace. This protection is outlined in the Employment Rights Act 1996 (“ERA 1996”).
The Key Elements of Whistleblowing Law
- Employee Protections: The ERA 1996 protects employees from being dismissed and protects both employees and other workers from being subjected to detriment on the grounds that they have made a protected disclosure.
- Right to Tribunal: Employees and workers have the right to take their case to an employment tribunal if they have been victimised at work or lost their job due to making a protected disclosure.
- Criteria for Whistleblowing: To be covered by whistleblowing law, a disclosure must be made with a reasonable belief that it is in the public interest. The disclosure should relate to criminal offences, legal obligations, miscarriages of justice, health and safety, environmental damage, or the covering up of such wrongdoing.
The Benefits of a Strong Whistleblowing Policy
- Protection and Compliance: A clear and effective whistleblowing policy protects your business, customers, employees, and reputation. It is a key element in promoting a speak-up culture and internal risk control.
- Reputation and ESG: Having a whistleblowing policy reflects a commitment to ethical practices and strong environmental, social, and governance (ESG) credentials, aligning with the growing expectations from investors, the workforce, customers, and regulators.
- Avoiding Liability: Encouraging whistleblowing can help avoid civil and criminal liability and limit reputational damage.
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