Whistleblowing

Whistleblowing occurs when an employee or worker provides certain types of information (usually to the employer or a regulator).

The whistleblower is usually not directly, personally affected by the danger or illegality, although they may be. Whistleblowing is therefore ‘making a disclosure in the public interest’ and occurs when a worker raises a concern about danger or illegality that affects others.

The key piece of whistleblowing legislation is the Public Interest Disclosure Act 1998.

Employment Tribunals have the power to refer information where a claim is one of dismissal or detriment on account of the employee having made a “protected disclosure” to their employer (or other prescribed person), ie a disclosure of some wrongdoing on the part of the employer.
 

USEFUL WEBSITES 

Business Link

Contains comprehensive guidance and links to other websites.

http://www.businesslink.gov.uk/bdotg/action/detail?r.s=sl&r.lc=en&type=RESOURCES&itemId=1082104950

Public Concern at Work

Independent charity advising on whistleblowing. It provides free help to prospective whistleblowers, advises on whistleblowing laws and can help organisations create a culture where it is safe and acceptable for staff to blow the whistle. Helpine number is 020 7404 6609.

Having a whistleblowing policy/procedure will help social care employers meet the requirements of the General Social Care Council Code of Practice. 4.2 of the Code states “Establishing and promoting procedures for Social care workers to report dangerous, discriminatory, abusive or exploitative behaviour and practice and dealing with these reports effectively and openly.”

If you want to refer staff to the helpline there is a charge, however there is lots of advice on the website which will serve as a good starting point for smaller organisations.

Chartered Institute of Personnel and Development

The CIPD provides a factsheet on whistleblowing where it describes not only the legal position and benefits of having a whistleblowing policy, but provides advice on how to design and implement such policies.

Page last edited: 14 May 2012