Help notes: WHISTLEBLOWING
Do you have a policy (a set of ideas and plans) for whistleblowing at your organisation, and could you show that you follow it?
This question is about having a culture that encourages employees and others to report unethical or illegal behaviour at work, and that supports them to do so in a safe way. Whistleblowing does not usually cover personal grievances or complaints.
Having a clear approach to whistleblowing can help to resolve wrongdoing quickly. It can lower the risk of third parties getting involved, and of employment tribunals if a worker feels they have been unfairly treated due to whistleblowing.
What is a ‘Yes’ for me?
Answering ‘yes’ to this question means that you have a policy (plans or ideas) in place which shows your organisation’s commitment to listen to the concerns of workers about wrongdoing at work, and that the policy is shared and used.
Does this question apply to me? Is this a regulatory requirement?
This question is for organisations with employees. Even small organisations can consider whether they have an open, transparent working culture where workers feel able to speak up.
Whistleblowing law gives workers the right to take a case to an employment tribunal if they have been victimised at work or they have lost their job because they have ‘blown the whistle’. This is largely under the Public Interest Disclosure Act 1998 (as of 2024).
Having a whistleblowing policy is not a legal requirement for companies operating in the UK, though under EU legislation, companies with operations in Europe with more than 50 employees do need mechanisms in place.
Whistleblowing: examples of what you can do
An organisation of any size can consider the following:
- Have a clear, simple written policy in place, either standalone (see below) or some lines as part of a wider code of ethics
- Share the approach with employees so they are aware of it, including those who have any responsibilities in receiving reports of whistleblowing
- Be especially aware that fear of reprisal, and fear of no action being taken, are the two biggest concerns of employees reporting concerns. Ensure these are covered in any policy or communication
- Foster an open and supportive culture at work generally
- Resolve wrongdoing quickly when it does arise
More formal measures (probably for medium-large organisations):
- Likely to have a standalone whistleblowing policy, though it could be incorporated into a wider code of ethics
- May have ‘local’ whistleblowing procedures relevant to their specific business units
- May have a specific team of individuals who are trained to handle whistleblowing disclosures
- Description of specific investigation process given
Government advice: Whistleblowing: Guidance for Employers and Code of Practice
Whistleblowing: example policy for small organisation
This is an example policy for a small company which does not have an HR department. It focusses on openness, trust and confidentiality without extensive procedures.
No standard policy wording will be suitable for every organisation. Before using, please check that it is relevant to you and adapt it as needed. The Duchy of Cornwall does not endorse any particular wording. ChatGPT [https://chat.openai.com/] was used to help brainstorm topics then sense checked against guidance.
Whistleblowing Policy
1. Purpose [Organisation Name] is committed to an ethical, safe, and supportive workplace. This approach provides guidance for employees to report concerns about wrongdoing, misconduct, or unethical practices, while ensuring they are protected from any negative consequences of doing so.
2. Scope This policy applies to all employees and any other associated individuals within [Organisation Name].
3. What to Report Employees are encouraged to report any concerns related to:
- Financial irregularities or fraud
- Harassment, discrimination, or bullying
- Health and safety violations
- Violations of company policies or legal requirements
- Any other serious unethical or improper conduct
4. Reporting Concerns Employees have options for reporting any concerns:
- Direct Report to Management: Employees should ideally bring any concerns directly to [Owner/ Manager Name]. Given our small size, we aim to foster open communication and trust so that issues can be discussed directly.
- Alternate Contact: If the concern involves management or an employee is uncomfortable approaching their manager, they can contact [Alternative Contact].
5. Confidentiality [Organisation Name] will handle reports confidentially to the greatest extent possible. We understand the importance of protecting the identity of individuals raising concerns, and only relevant parties will be informed, as necessary, to address the issue.
6. Handling and Investigating Reports
- Reports will be reviewed promptly and addressed as appropriate.
- If needed, a simple investigation will be conducted in a fair and impartial manner.
- Outcomes and necessary actions will be taken based on the findings of the review or investigation.
7. Protection from Retaliation We strictly prohibit any form of retaliation against employees who raise concerns in good faith. Employees can feel confident that their role and working conditions will not be negatively impacted by reporting issues.
8. False Reports Any intentional false reporting is taken seriously and may result in appropriate disciplinary action.
9. Questions and Support For any clarification on this approach, employees can reach out to [Owner/Manager Name] directly.
More information about Whistleblowing