Whistle-Blowing Claims Could Be Made Public
| Published: 21st April 2008 15:08 |
The Public Interest Disclosure Act 1998 protects workers against victimisation as a result of reporting corporate wrongdoing or malpractice in the workplace. However, protection will only be afforded if the worker makes the disclosure in a way as set out by the legislation.
The information disclosed must fall into one of six definitions of wrongdoing:
A criminal offence has been or is likely to be committed;
A person has failed, is failing or is likely to fail to comply with a legal obligation;
A miscarriage of justice has happened, is happening or is likely to happen;
The health and safety of an individual has been, is being or is likely to be damaged;
Damage to the environment has occurred, is occurring and is likely to occur;
Information showing any of the above has been, is being or is likely to be deliberately concealed.
The worker's belief that a wrongdoing has been, or is about to be, committed must be reasonable, and they must make the disclosure in good faith to the employer, other responsible person, government minister or appropriate regulatory body. Protection will still be provided even if the worker's belief is later found to be wrong, or if the information disclosed is not, in fact, in the public interest.
Compensation awards are unlimited for workers who claim successfully following victimisation or dismissal due to making a disclosure. In cases of detriment, an additional award can be made for injury to feelings.
Moreover, it has recently been announced that a proposed change to the law may require tribunals to make public details of all whistle-blowing cases. If the possibility of uncapped compensation awards does not worry employers, then maybe the fear of a damaged reputation will encourage them to review their policies and procedures.
At the very least, a Public Interest Disclosure policy should explain the various meanings of malpractice, specify to whom a disclosure should be made, and set out the steps of any investigation process. It should also be made clear to workers that, where disclosures are made in good faith, no action will be taken against them, and also allow the opportunity to disclose information anonymously where possible.
©2008 hancocks solicitors|15 Wheeler Gate| Nottingham | NG1 2NA |
T: 0115 852 4725 | F: 0115 852 4001
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