Whistleblowers - Updated Provisions -

Whistleblowers – Updated Provisions

WhistleblowerA whistleblower is an informant who exposes wrongdoings about an organisation in the hope of stopping it.

For a number of years, whistleblowers have been provided with protection when making qualifying disclosures of public interest.  In certain circumstances, workers who reveal misconduct taking place within their organisation are protected by the law against any penalties their employers may present.

Examples of this are:

  • The case that a criminal offence has or is likely to be committed
  • In health and safety terms an individual has or is likely to be put at risk
  • Damage to the environment
  • The company not obeying the law (not having the correct insurance cover)
  • Covering up wrongdoings

With recent high profile media regarding the public sector and whistleblowers, the Enterprise and Regulatory Reform Act 2013 (ERRA) has commissioned new provisions for these individuals.

The following ERRA provisions came into force on 25 June 2013:

  • Introduction of a requirement that the worker should also believe that their disclosure is in the public interest
  • Removal of the requirement that a worker acted in good faith in order to benefit from the protections rights of a whistleblower
  • A tribunal judge can reduce any compensation awarded to a claimant by 25% if they find the person acted dishonestly
  • Extension of the protection for whistleblowers to also cover NHS workers in specific healthcare roles
  • A whistleblower who is bullied at work for making a protected disclosure will also be to bring a claim to the Employment Tribunal against their employer or co-workers

Comments are closed.