Whistleblowing Reminder

The disclosure of over 250,000 messages from US envoys on Wikileaks serves as a reminder of all the obligations businesses have to employees who disclose information that would fall within the definition of Whistle Blowing. The economic climate has also led to several high profile disclosures within the financial sector.

A whistle blower is someone who raises a concern or highlights wrong doing that has occurred within their workplace. Provided that a disclose meets the requirements, an employee will have a potential tribunal claim if they are subsequently dismissed or victimised. This protection is set out in the Protected Disclosure Information Act 1998.

However, the disclosure must be a 'qualified' disclosure, meaning that it must be made in good faith; there must be a belief that the information is true, and the disclosure must be made to the right person.

Reflecting growing recognition of the issue, tribunal claim forms now contain a section for employees to indicate if they want the matters raised in their claim to be referred to an appropriate regulatory body.

Having a good Whistleblowing Policy is advised because having a policy should reduce the risk of a disclosure being mishandled. The risks to a business are far greater in relation to a disclosure that with a standard grievance, so it's imperative that Managers can recognise a protected disclosure and deal with it appropriately.