Whistleblowing
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How Loch Law can help
We can help you to draft and communicate a clear whistleblowing policy, encouraging your workers to approach you directly about any concerns they might have.
As part of that policy, it would be advantageous to include things like:
- A definition of what whistleblowing is;
- What constitutes a whistleblowing disclosure;
- What protections are given to workers who blow the whistle;
- An explanation of the organisation’s procedures for dealing with disclosures of whistleblowing;
- An explicit commitment to treat all disclosures equally and fairly;
- A commitment to – where requested and legally possible – maintain confidentiality; and
- An idea of the timeframe for handling a disclosure.
By implementing a comprehensive and clear whistleblowing policy, you, as an employer, are better equipped with information to control risk within your business. In other words, the regular reporting of concerns by your employees can prove advantageous.
Whistleblowers who are entitled to protection must receive it. We can help you to navigate the day-to-day running of your business while ensuring that those who blow the whistle are not unfairly treated.
If an employee is claiming that they have indeed been unfairly treated, we can provide mediation, assist with settlement agreements – where appropriate – and represent your interests in an employment tribunal.
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What is whistleblower protection?
Who is protected?
The protection applies to employees and also workers, which includes freelancers, agency staff and directors.
Special provisions apply to others such as Crown employees and police officers.
Which disclosures are covered?
In order to attract protection, the disclosure must be a "qualifying disclosure".
This means any disclosure of information which, in the reasonable belief of the person making the disclosure, is in the public interest and tends to show one or more of the following:
- a criminal offence
- failure to comply with a legal obligation
- a miscarriage of justice
- the health or safety of an individual has been endangered
- damage to the environment, or
- concealment of information showing any of the above.
Our team will be more than happy to discuss how they can help you with whistleblowing support. For more information, click here to request a call back.
