Briefcas EMPLOYMENT
What is whistleblowing ?
The term ‘ whistleblowing ’ describes making a disclosure in the public interest . The Public Interest Disclosure Act 1998 protects people who have disclosed information of public interest , who are known as whistleblowers .
If the following criteria are met , the person making this disclosure is protected in the workplace from any negative consequences :
• The person is a worker , such as an employee
• The person is revealing information of the right type , known as a ‘ qualifying disclosure ’, such as financial malpractice , criminal offences , health and safety breaches , environmental damage , failure to comply with a legal obligation or a miscarriage of justice , or an attempt to cover up any of these
• The person is revealing information to the right person and in the right way , which is often to the employer in the first instance or another person who the worker reasonably believes to be solely or mainly responsible for the relevant failure .
If a VN is aware of a significant concern that is in the public interest , they may feel hesitant about whistleblowing and may fear repercussions , especially in the workplace and particularly if the concern involves their line manager or employer . However , the Public Interest Disclosure Act 1998 protects individuals who are in this position by making it unlawful for the employee to ‘ suffer a detriment ’, as long as the employee believes that the information they are disclosing is true , that the criteria are met , and the activity is happening or is likely to happen . Any disclosure must not be made for personal gain .
In addition to initially raising the concern with their employer , a VN should take notes of any related meetings and gather evidence on the matter , if possible . Employers prefer a concern to be reported to them in the first instance as this gives them opportunity to try to rectify the matter . Very often , an employer will have a whistleblowing policy that outlines the steps to be taken if an employee is considering making a disclosure .
If , having been advised of the concern , the employer does not resolve the matter , it is appropriate for the VN to go to the relevant regulatory body , such as the RCVS . It would also be appropriate to go straight to the RCVS if the VN reasonably believes they would be treated negatively by the employer ( suffer a detriment ) for raising the concern with them .
If someone is treated unfairly after making a protected disclosure ( whistleblowing ) they can take the case to an employment tribunal . If they no longer work at the company , they must raise the claim within 3 months of their employment ending .
The charity Protect provides free confidential advice to anyone with concerns about wrongdoing in the workplace . Contact Protect on 020 3117 2520 or via their website at https :// protect-advice . org . uk .
For advice about this or any other employment matter , please contact BMAS at advisoryservice @ bvna . co . uk .
Volume 39 ( 2 ) • April 2024
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