Member Article

HR teams have a lot on their plate, but a key priority for 2024 is undoubtedly protecting the employee brand proposition. Our 2024 online programme is focused on supporting HR teams to do just this, equipping them with the tools they need to protect the employee brand proposition of the organisations they work for.

Our latest webinar focused on what organisations need to do to respond to workers who blow the whistle. The key takeaway points are set out below:

Identifying protected disclosures

• Workers and employees are protected against detriment or dismissal where they make a qualifying disclosure.
• To be a qualifying disclosure there must be a disclosure of information in relation to one of the six specified areas set down in the legislation. These include disclosures relating to a criminal offence, breach of legal obligations, danger to health and safety or environmental damage.
• The disclosure must be made to a specified person, usually the employer but in certain circumstances it can be made to a third party, such as a public body like HMRC.
• The person making the disclosure must reasonably believe it is in the public interest.

Creating a culture of openness

• Workers should feel comfortable enough to raise disclosures without fear of retaliation.
• To create such an environment, employers need to demonstrate that concerns will be taken seriously, and individuals are not penalised for making a disclosure.
• Key to this will be effective communication of the policies and procedures that are in place to support whistleblowers alongside training managers to apply those policies and procedures correctly and consistently.
• The risks of not doing so are significant. An employee or worker can bring a claim for protection from detriment if they have been put to a disadvantage because of making a protected disclosure. An employee may also bring an automatic unfair dismissal claim if they have been dismissed because they made a protected disclosure.

Getting the right policies and procedures in place

• A whistleblowing policy demonstrates the organisation’s commitment to taking whistleblowing seriously and helps to foster a culture of openness. It can also help managers to deal with disclosures and reduce the risk of disclosures being made outside of the organisation.
• A policy should set out what whistleblowing is, how concerns can be raised, the process that will be followed once a concern has been identified and the support available to whistleblowers.
• Managers should be trained on how to identify a qualifying disclosure and how to handle concerns in accordance with the policy.

Considerations when managing whistleblowers

• Employers should try to protect confidentiality as far as possible.
• Concerns raised should be investigated promptly by an independent manager and the whistleblower should be kept informed of the progress of the investigation where possible.
• The organisation should ensure detailed records and notes are kept throughout the process.
• Individuals who have raised concerns are often keen to know the outcome of any investigation completed by the employer. Whilst it may be appropriate to share some or all of the outcomes, there is no obligation on an employer to do so, and an employer must ensure that it does not disclose any information that amounts to personal data relating to another individual, such as a decision to instigate disciplinary proceedings against another employee.
• Following the investigation, the employer should decide which internal stakeholders and relevant third parties may need to be informed of the outcome of the investigation.
• It is good practice for an employer to keep a record of the number of qualifying disclosures received and the nature of the disclosures to identify any recurring themes and to assess the effectiveness of internal policies and procedures.

 

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