Whistle Blowers

At last there is help for employers struggling through the jungle of whistle blowing legislation in the form of the newly published British Standards Institute Code of practice. It is full of common sense help for employers and promotes a positive approach to whistle blowing.

Whilst the legal issues surrounding whistle blowing are complex, the prevention of problems is relatively simple. The key to it all is to embrace and encourage whistle blowing, bring it out of the closet and make it part of your risk management process.

Whistle blowers are portrayed as courageous individuals unearthing scandals who are prepared to put their jobs on the line by speaking out about mal practice to the press or the police.

There is no need for all of that. If the employer has a policy of openness where employees can speak freely without fear of reprisals, retribution or victimisation the employer can nip a problem in the bud and prevent financial loss, injury or even death.

The key element to a good whistle blowing policy is providing a confidential communications channel for an employee that by passes their first line manager, who may be the cause of the complaint. This may be to someone outside of the organisation. Who ever it is the employee needs to be assured of confidential help and protection from victimisation.

In an ideal world any employee should be able to go to his line manager with the issue. A successful policy should facilitate this but it may take time to develop such a culture of openness.

An employee who observes dishonesty, health and safety failings, illegal practices, breaches of codes of conduct or professional conduct rules should be able to tell the employer about it. This is known as a protected disclosure. The employee has the right not to suffer victimisation or loss as a result of making such a disclosure.

If the employee does not think that his employer will take any notice he can go to an outside agency such as the police or a regulatory body. As a last resort the employee may turn to the press, which will result in significant loss of public confidence.

If an employee believes he has suffered a detriment or victimisation as a result of whistle blowing he can take a claim to an employment tribunal. The employer then has to prove that the treatment received by the employee was not because of his whistle blowing activities. If he fails then he may end up paying substantial damages which are not subject to any statutory limit.

A good whistle blowing policy prevents costly compensation payments, reduces the risk of criminal and other sanctions being made against the company and will go a long way to maintaining and enhancing the reputation of the business both internally and in the wider community.

“Public concern at work” is a national charity set up to improve whistle blowing policies and support employees."

For further information visit www.pcaw.co.uk

Published 25/07/2008. The author of this article is Caroline Mitchell