Whistleblowing
Whistleblowing on someone at work is never an easy thing to do. Worrying about what people will think if they find out, and ultimately also what will happen, are both understandable concerns. It helps, therefore, to be informed… So what do you need to know?
First things first…
If you blow the whistle to your employer about a wrongdoing at work then you are protected from any unfavourable treatment that occurs as a result of this. Situations where whistleblowing may be an appropriate course of action are:
- When someone commits, or is likely to commit a criminal offence
- When someone fails to comply with, or is likely to fail to comply with legal obligations
- When someone performs, or is likely to perform a miscarriage of justice
- When someone endangers, or is likely to endanger the health and safety of others
- When someone causes environmental damage, or is likely to do so
- When someone deliberately conceals any of the above
If you are dismissed, or suffer any unfavourable treatment, as a result of whistleblowing then you can bring a claim. However it’s important to note that you must:
- Be a worker in the organisation (this includes being an employee, an agency worker, a trainee, a contractor, an apprentice, or on secondment)
- Have acted in good faith
- Have a reasonable belief that the action you are blowing the whistle on falls within one or more of the qualifying categories
- Ensure the information is disclosed to the right person and in the right way thereby making it a protected disclosure
- Ensure you do not break the law yourself when making the disclosure
How do I go about whistleblowing?
If you are concerned that any of the above situations are occurring, you need to make a protected disclosure, which is another way of saying ‘whistleblowing’.
All organisations should have a procedure for doing this. However, there are instances where a procedure doesn’t exist, OR where the person you would normally make the disclosure to is actually involved in the wrong doing. If this is the case, then you may make the protected disclosure to a more senior person or even someone outside the organisation altogether.
It’s important to be aware that it’s best to make your disclosure in writing so that there is evidence of what has been stated about the wrongdoing you believe to have taken place.
What do I do if I’ve been dismissed or treated unfavourably as a result of whistleblowing?
Organisations and/or their staff can be very negative towards whistleblowers, so it takes courage to do be one. But take heart, it is likely to have been the right thing to do. However, knowing that people often resent whistleblowers does not mean that you should have to endure any unfavourable treatment as a result of doing it. Unfavourable treatment may include:
- Being dismissed
- Being denied promotion
- Having overtime cancelled
- Having holiday requests refused
- Not being invited to social events eg. the Christmas party
What should I do now?
If you think you have been the victim of unfair treatment as a result of whistleblowing, the best thing is to take advice as soon as possible. We offer a free initial telephone consultation, so contact us now on 0800 304 7254.
