Definition
The act of an employee or worker reporting a concern about wrongdoing, danger, or illegality within their organisation. Qualifying disclosures cover criminal offences, failure to comply with legal obligations, miscarriages of justice, health and safety risks, environmental damage, and cover-ups.
UK Context
The Public Interest Disclosure Act 1998, which amends the Employment Rights Act 1996, protects whistleblowers from detrimental treatment or dismissal. To qualify for protection, the disclosure must be made in the public interest and to an appropriate person or body. Dismissal for whistleblowing is automatically unfair.
Best Practices
- Have a clear whistleblowing policy that explains how to raise concerns and the protections available
- Ensure there are multiple reporting channels including an option to bypass line management
- Investigate all concerns promptly and protect the whistleblower from any form of retaliation
Frequently Asked Questions
What is a qualifying disclosure?
A qualifying disclosure is a report of past, present, or likely future wrongdoing that the worker reasonably believes is in the public interest. It must relate to criminal offences, legal obligation failures, miscarriages of justice, health and safety dangers, environmental damage, or deliberate concealment of these.
Who is protected by whistleblowing legislation?
Protection extends to employees, workers, agency workers, trainees, and some other categories. It does not cover the genuinely self-employed. The disclosure must be made to an appropriate person such as the employer, a prescribed body, or in certain circumstances, the media.