HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Protected disclosures
The Employment Rights Act 1996 provides protection for workers who make certain qualifying disclosures about wrongdoing. The disclosure must fall within the statutory categories and satisfy the applicable requirements for protection. http://www.legislation.gov.uk/ukpga/1996/18/contents
Qualifying wrongdoing
Qualifying disclosures can concern matters including criminal offences, breach of legal obligations, miscarriages of justice, threats to health and safety, environmental damage and the deliberate concealment of information about such wrongdoing. Sexual harassment is also expressly included within the statutory categories of wrongdoing that can form the basis of a qualifying disclosure where the applicable legal requirements are met. https://www.acas.org.uk/whistleblowing-at-work/what-someone-can-whistleblow-about
Public interest
For a disclosure to qualify for whistleblowing protection, the worker must reasonably believe that the disclosure is made in the public interest, subject to the statutory requirements. A concern that relates solely to an individual's own employment will not necessarily amount to whistleblowing. https://www.acas.org.uk/whistleblowing-at-work/what-someone-can-whistleblow-about
Protection from detriment
A worker has legal protection from being subjected to a detriment because they have made a protected disclosure. Employers should therefore take allegations of retaliation or detrimental treatment seriously and deal with them appropriately. http://www.legislation.gov.uk/ukpga/1996/18/section/47B
Protection from dismissal
Employees may have protection from unfair dismissal where the reason or principal reason for dismissal is that they made a protected disclosure. http://www.legislation.gov.uk/ukpga/1996/18/section/103A
Who can be protected?
Whistleblowing protection is not limited to employees. The statutory definition of worker is wider and can include certain individuals who personally perform work or services for an organisation. Employers should therefore avoid limiting their whistleblowing arrangements to employees alone. https://www.acas.org.uk/whistleblowing-at-work/if-youre-treated-unfairly-after-whistleblowing
Confidentiality
Employers should handle whistleblowing concerns sensitively and maintain confidentiality where possible. However, a policy should not promise absolute confidentiality because information may need to be disclosed as part of an investigation or where required by law. https://www.acas.org.uk/whistleblowing-at-work/making-a-whistleblowing-report
Independent advice
Workers can obtain confidential advice about whistleblowing from Protect, a UK charity specialising in whistleblowing. Protect can advise workers about raising concerns, their legal position and the options available to them. https://protect-advice.org.uk/