Whistleblowing policy template
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Supporting information
Use this model whistleblowing policy to detail the framework in which employees and others who have serious concerns about any aspect of your business can voice those concerns.
Whistleblowing policy
1 Overview
1.1 All organisations face the risk of things going wrong or of unknowingly harbouring malpractice.
1.2 By promoting a culture of openness within [Company], employees are encouraged to raise issues which are of concern at work. By knowing about malpractice at an early stage, steps can be taken to safeguard the interests of all staff and prevent fraud and corruption before it happens.
2 Scope
2.1 This policy applies to all persons working for us or on our behalf, including employees at all levels whether permanent or temporary, directors, agency workers, interns, and contractors.
2.2 This policy should not be used in relation to employee grievances concerning individual terms and conditions of employment or other aspects of the working relationship which are handled under the Company Grievance Policy.
3 General Principles
3.1 Policy statement
3.1.1 All employees have the right to be able to raise a concern about working practices and other areas of concern in the public interest and receive feedback on actions taken.
3.1.2 [Company] will seek to engender an ethical and open culture in which establishes safe routes of communication without reprisal, impartial and effective investigative procedures which respect confidentiality.
3.1.3 The key principles therefore are to:
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Provide avenues for employees to raise genuine concerns internally as a matter of course and receive feedback on actions taken
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Ensure that matters are dealt with quickly and appropriately and ensure that concerns are taken seriously.
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Re-assure employees that they will be protected from reprisals or victimisation for whistleblowing in good faith.
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Allow employees to take the matter further if they are dissatisfied with the response.
3.2 What is whistleblowing?
3.2.1 The term "Whistleblowing" is used to describe a formal disclosure of alleged corruption, malpractice or wrongdoing made to the appropriate person in authority.
In the case of [Company] this disclosure might be the reporting
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What is this for?
A whistleblower is a worker (an employee / trainee / agency worker etc.) reports any of the following:
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a criminal offence, for example fraud
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someone's health and safety is in danger
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risk or actual damage to the environment
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a miscarriage of justice
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the company is breaking the law, for example does not have the right insurance
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you believe someone is covering up wrongdoing
This will usually be something they have seen at work - though not always.
The wrongdoing they disclose must be in the public interest. This means it must affect others, for example the general public.
A whistleblower is protected by law - they should not be treated unfairly or lose their job because they 'blew the whistle'.
They can raise their concern at any time about an incident that happened in the past, is happening now, or they believe will happen in the near future.
A confidentiality clause in a settlement agreement is not valid if the worker is a whistleblower.
Employment law compliance
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Public Interest Disclosure Act 1998 (PIDA): This legislation, commonly known as the Whistleblower Protection Act, is the primary law that protects whistleblowers in the UK. It provides legal protection to employees who disclose certain types of information in the public interest, ensuring they are safeguarded from victimization or retaliation.
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Employment Rights Act 1996: Part IVA of this Act, inserted by PIDA, sets out specific provisions regarding protected disclosures, the conditions under which whistleblowers are protected, and the rights afforded to them.
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Enterprise and Regulatory Reform Act 2013: This Act introduced changes to whistleblowing legislation, including the requirement for disclosures to be made in the public interest and providing employment tribunals with the power to take into account the reasons behind a dismissal when considering a whistleblowing claim.
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Financial Services and Markets Act 2000: This legislation includes specific provisions for whistleblowers within the financial services sector, such as the duty of financial firms to have effective internal whistleblowing channels and protections for whistleblowers against detriment or dismissal.
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Public Interest Disclosure (Prescribed Persons) Order 2014: This Order designates specific bodies, such as regulatory bodies, as "prescribed persons" to whom whistleblowers can make disclosures if they believe their employer has not addressed the concerns adequately.
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Equality Act 2010: This Act ensures that whistleblowers are protected from victimization or discrimination as a result of making a protected disclosure, irrespective of their protected characteristics.
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Company Law: The Companies Act 2006 includes provisions related to whistleblowing for certain types of companies. For example, public companies are required to have a whistleblowing policy in place.
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Health and Safety at Work Act 1974: This Act includes provisions that protect employees who disclose health and safety concerns in the workplace.
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Data Protection Act 2018 (DPA): The DPA protects whistleblowers by regulating the processing of their personal data and ensuring that their confidentiality is maintained during the investigation of their disclosures.
