Table of Contents
As an employer, you will have many policies and procedures in place to guide both you and employees in the workplace. One to consider is a whistleblower policy in your business. The law in the UK does not require a whistleblower policy. However, it is good practice to have one. This is because it demonstrates you promote an open environment and encourage employees to express any concerns. Where you do not treat the employee making the complaint fairly, the whistleblower could take you to an employment tribunal.
This article will explain whistleblower policies, the importance of these and the rules relating to them. As an employer, you need to be aware of the law regarding whistleblowers should you be faced with one in your workplace. This is so you can deal with the situation correctly with as few negative repercussions as possible.
What is a Whistleblower?
A whistleblower in the workplace is a worker who has seen wrongdoing at work. Since it could affect other people, they report what they have seen as a whistleblowing concern.
The wrongdoing could:
- have occurred in the past;
- be occurring at the time of reporting it; or
- be believed to occur in the future.
The following are some of the potential examples of wrongdoing that could be raised as whistleblowing complaints:
- criminal acts or other legal wrongdoing;
- concern for a person’s health and safety;
- environmental damage; or
- reporting the potential covering up of wrongdoing by another.
The following are examples of complaints which when raised, are not whistleblowing:
- workplace disputes which might typically be dealt with by Advisory Conciliation and Arbitration Service (Acas); and
- grievance issues.
Why Have a Whistleblowing Policy?
When an employee has a concern that may amount to whistleblowing, this policy will inform them to tell you as their employer. They may do this anonymously.
An employee may raise a whistleblowing complaint regardless of whether or not the business has a whistleblowing policy in place. It is, therefore, sensible for you to have a whistleblowing policy in place. This could detail what the employee should expect when letting you know about their whistleblowing concern.
However, an employee does not have to come to you with a whistleblowing complaint. They may instead take legal advice or report the complaint to a relevant prescribed body or person for the subject of the complaint.
You may want to have a whistleblowing policy in place to:
- show your intention as an employer to take whistleblowing complaints seriously – where an employee feels that is not the case, they may go to tell another person who could be, for example, their trade union or Acas. Taking the complaint away from your business may risk damage to your reputation;
- detail your commitment to treating whistleblowers fairly. Where they have felt they have not been treated fairly, they could make a claim at an employment tribunal; and
- enable your business to deal with complaints before they escalate further.
Call 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.
What Might a Whistleblower Policy Contain?
Where you have a whistleblower policy in place, it helps to encourage workers to raise concerns and explains to them how to do so. A whistleblowing policy may be a stand-alone policy or part of a broader policy or procedure, such as the employer’s code of ethics.
As an employer, you should ensure your employees are aware of the whistleblowing procedure and that it is easy for them to access. This helps show that you take whistleblowing seriously.
Complaint Procedure
A whistleblower policy should contain a procedure for making a whistleblowing complaint so that your workers are clear on how to go about this should any such issues arise. This could include:
- who to initially approach. If you have a large organisation, it might be more practicable for your workers to approach their line manager rather than you directly; and
- the timeframe to expect for you as an employer to deal with the complaint.
Complaint Feedback
It should also be clear whether a worker making a whistleblowing complaint can expect any feedback regarding how you are dealing with the complaint. Indeed, it is good practice for your business to offer your workers feedback on any whistleblowing complaint within the requirements of other policies and procedures your business may have. It would also be helpful to explain to workers that should they make a whistleblowing complaint anonymously, you will not usually be able to provide feedback on this.
Distinguishing Matters
Distinguish between what may be a potential whistleblowing complaint and what might not be. For the latter, a good whistleblowing policy will guide workers on where to seek further advice for the type of complaint. Furthermore, you should detail that you will take it seriously where it is a whistleblower complaint.
Clarify Details
Ensure you clarify for the worker any issues they may not already understand. For example, you may explain:
- that if the worker has signed a settlement agreement that has a gagging clause in it, this does not mean they cannot raise a whistleblowing complaint where the complaint is in the public interest; and
- a worker does not need to provide initial evidence to make a whistleblowing complaint.
Furthermore, you should clarify that as an employer, you will not tolerate other workers victimising whistleblowers, and what the procedures may be if this occurs.
Key Takeaways
Whilst having a whistleblower policy is not legally necessary, it is good practice. There are no rules about which businesses are more likely to have to deal with a whistleblowing complaint. Therefore, you should prepare to deal with one in the event it does arise. Having a whistleblowing policy in place demonstrates your commitment as an employer towards an open workplace and one where you do not welcome wrongdoing. It also clarifies to a worker how to make a whistleblowing complaint and what to expect when doing so.
If you need help with rules regarding whistleblower policies, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
As an employer, you are not required by law to have a whistleblowing policy in place. However, it is good practice to have one in place to show your commitment to taking whistleblowing seriously and treating the whistleblower fairly.
An employer’s policy on whistleblowing can be a stand-alone policy or be set out within another overarching policy, such as a code of ethics. It is up to an employer where they decide to place this.
We appreciate your feedback – your submission has been successfully received.
