Whistleblowing – what steps can employers take to combat the rise of claims

What is whistleblowing?

Whistleblowing is when a worker of an organisation makes a ‘protected disclosure’ to their employer to raise concerns of possible wrongdoing. Examples of wrongdoing include: fraud, crime, health and safety concerns and other serious risks that could threaten customers, colleagues, stakeholders or the organisation’s reputation.

The worker must have a reasonable belief that the information disclosed shows wrongdoing and that such wrongdoing affects other people and not just them, this is known as the public interest test.

What protections are in place for whistleblowers?

The Public Interest Disclosure Act 1998 was incorporated into the Employment Rights Act 1996 and provides a framework of protection for workers to draw matters to the attention of their employer or external body. They have a right not to suffer any detriment or be dismissed as a result.

A worker can make the following claims to the employment tribunal at any point, regardless of their length of service:

• Automatically unfair dismissal – if the principal reason, or one of the main reasons they were dismissed is because they made a protected disclosure;
• A detriment claim – for example where a worker suffers less favourable treatment as a result of making the protected disclosure.

The rise of whistleblowing?

The number of whistleblowing claims made to the employment tribunal between 2015 and 2023 increased by 92%. One reason for this could be attributed to greater awareness amongst workers about the protections available to them, particularly following movements such as MeToo, which have created a social shift and fostered a culture of ‘speaking-up’.

The Employment Rights Bill 2024, which is currently being passed through Parliament, seeks to further enhance awareness of whistleblowing protections. For instance, the Bill proposes a new standalone category for incidents of sexual harassment, potentially providing employees with greater encouragement to report such misconduct.

What should employers do? 

Employers should take steps to ensure there is a workplace culture which promotes openness, trust and transparency where concerns can be raised freely. Examples of appropriate steps to consider include:

• Making it clear that malpractice is taken seriously.
• Allow workers to raise concerns outside of line management.
• Ensure confidentiality of the worker raising the compliant is strictly upheld.
• Explain how and when concerns may be raised with an external body, such as a regulator.
• Implement staff training to help workers identify acts of whistleblowing and understand the organisation’s internal policies.

It is advisable to have a whistleblowing policy implemented with a clear procedure outlining how concerns are raised, investigated, and the protection and support provided for those who raise concerns. Any existing policy should also be kept under review.

For further advice or assistance with any of the above, please get in touch with a member of the Employment team.