The Whistleblower is an employee who reports suspected wrongdoing in the workplace; its technical name is ‘making a disclosure in the public interest’.
Your employees can report if they believe:
- Someone’s health and safety is in danger
- There’s a risk of actual damage to the environment
- It’s a criminal offence
- The company isn’t obeying the law (e.g fraudulent behaviour/ incorrect insurance)
- You are covering up wrongdoing
If somebody were to report a concern, they should follow this procedure:
- Check for a Whistleblowing policy in the employee handbook or speak to HR if their company has a whistleblowing policy
- If they feel they can approach their employer on the subject, they should contact them directly
- If they can’t talk to their employer, they should contact a prescribed person or body
A person can only tell the prescribed person or body if they think that the employer:
- Will cover it up
- Would treat them unfairly if they complained
- Haven’t resolved it and they’ve already told you
The whistleblower cannot be punished or dismissed for reporting a concern. If they are in fact dismissed due to a genuine whistleblowing claim they can then claim for unfair dismissal and are protected by law.
The people protected by law are:
- Agency Workers
- People that are training with an employer (not necessarily employes
- Self employed Workers, if supervised or working off site
- School or sixth form college employee or agency worker
- NHS workers under certain contractual agreements
Whistleblowing claims should be treated fairly at all times. For advice and support on this take a look at our HR Services and book a free consultation.
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