As an employer, there are various things you should and shouldn’t do when a worker initiates a formal whistleblowing procedure.
For an eligible disclosure to be covered, it must be conducted by an approved method, as well as disclosed to the employer.
It is also important for the employee to be aware that the disclosure is in the public interest.
Breach of whistleblowing law
In a recent case, a nurse was dismissed after speaking out about a patient’s death, which then went to an employment tribunal.
Subsequently, she won a £460,000 payout after it was found there was ‘close proximity’ between her instigating a whistleblowing procedure and her dismissal for gross misconduct.
It was found that the employer, North Tees and Hartlepool NHS Trust, breached the legal protection provided under whistleblowing law, situated in the Employment Rights Act 1996.
What can employers do?
It is crucial that strong policies and procedures are in place so everyone on the workforce is aware of how a disclosure can be made without implications.
Additionally, it is beneficial for an appointed employee, who has had appropriate training, to take charge of the line between whistleblowers and management.
The nominated person can then obtain additional information by communicating with a whistleblower, ultimately deciding what action should be taken and helping the employer find a solution.
As well as this, they can recognise and suggest measures to be considered to prevent a similar situation arising in the future.
Above all, communication and clarity should be presented and sustained among both parties at all times.
This will not only encourage a level of trust, but also establish dedication to progress, considering confidentiality terms are adhered to.
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