Changes to Whistleblowing Laws |
Overview A worker can report an issue which they think is either happening, has taken place or is likely to happen in the future that they may consider to be illegal or negligent, for example:
Workers who blow the whistle on wrongdoing in the workplace can claim unfair dismissal if they are dismissed or victimised for doing so.
Important changes to the law on whistleblowing took effect on 25th June 2013 and will have an impact on both employers and employees.
Here in this short guide we have outlined the key changes to be aware of.
Summary of key changes
What does this mean for employers?
Employers must review and update their policies and procedures to ensure they remain compliant. Here are some steps to follow when updating your whistleblowing policy:
Ensure that your whistleblowing policy covers protected disclosures made ‘in the public interest’
A ‘qualifying disclosure’ means any disclosure of information that, in the belief of the worker, is made in the public interest. This section of your whistleblowing policy should be amended to explain what constitutes a protected disclosure. Remove the requirement in your whistleblowing policy that disclosures must be made ‘in good faith’
The requirement that a whistle-blower make a qualifying disclosure ‘in good faith’ is removed therefore this section of your policy should be amended. Clarify that complaints about breaches of employees’ own contracts of employment should be raised as a grievance
Employees will generally be unable to ‘blow the whistle’ about breaches of their own employment contract. This should be explained in your policy making it clear that an employee making such a complaint can still use the grievance procedure. Make sure that other employees do not mistreat whistle-blowers Look out for further developments and updates in our upcoming newsletters.
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If you require a whistleblowing policy for £30 or need assistance updating your existing whistleblowing policy please email us at: julie.ware@peoplebusiness.co.uk or call us on 01932 874944 You can also respond at http://people-insight.blogspot.com/ |