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FAQs

What is Whistleblowing?

Whistleblowing is a term that often gets used without either employers or employees really understanding what is needed to qualify for protection. It is a complex legal area and can give rise to cases with large compensation awards – do take advice!

To be protected under the Public Interest Disclosure Act 1998 and Employment Rights Act 1996 a ‘whistleblower’ has to be an employee or worker (not self-employed or a volunteer).

Be alive to the types of disclosure that are protected:

  1. A criminal offence
  2. Miscarriage of justice
  3. Breach of any legal obligation
  4. Danger to the health and safety of an individual
  5. Damage to the environment
  6. The deliberate concealing of information about any of the above

Remember a disclosure can be verbal too – it can be as simple as a conversation with a line manager where facts are conveyed (a disclosure must be based on facts that the worker has a reasonable belief are true – it must be more than just a rumour). They must also reasonably believe that the disclosure is in the public interest (i.e. it must affect more than just the person complaining).

Ensure you have an up to date Whistleblowing policy. Do also watch our video clip on Whistleblowing: https://tinyurl.com/ybntr4tk

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