Employment Rights Bill: New Whistleblowing Legislation

How upcoming changes in the UK’s Employment Rights Bill will affect organisations, whistleblowing processes and whistleblowers themselves.

The Employment Rights Bill, introduced in October 2024, will aim to significantly improve UK workers’ rights in many areas, including whistleblowing protections.

Although whistleblowing is a crucial way for organisations to uncover wrongdoing in the workplace, many businesses will worry about the Employment Rights Bill and what the new legislation might mean for them.

The new bill will broaden whistleblowing protections to include sexual harassment, and it is hoped that those affected by sexual harassment will be encouraged to report it, without fear of retaliation or negative consequences.

Understanding the Changes

The Employment Rights Bill expands whistleblowing protections to include the prevention of sexual harassment.

• Sexual Harassment: Currently those who speak up about sexual harassment may be protected by whistleblowing law if the harassment is considered a criminal offence, a breach of legal duty, or health and safety. However, the Employment Rights Bill will eliminate this ambiguity by including sexual harassment as a protected category.
• Employer Obligations: The recent Worker Protection Act (2023) stipulated that employers take ‘reasonable steps’ to prevent sexual harassment in the workplace. The Employment Rights Bill will require employers to take “all reasonable steps” to prevent sexual harassment, including third-party harassment, setting a stricter standard than before.

Amendments to the Employment Rights Bill could enhance worker protections and increase employer responsibilities regarding whistleblower concerns. While it’s uncertain if these changes will be adopted, employers should stay informed about potential updates.

• Expanded Protections: Broadening the types of workers who can make protected disclosures would mean that more individuals are covered under whistleblowing laws.
• Investigation Requirements: Employers must investigate a broader range of complaints made by employees, ensuring whistleblowers’ concerns are taken seriously and addressed promptly.

What can businesses do to prepare for the Employment Rights Bill?

Build a Speak Up culture of trust

When employees know that their concerns will be taken seriously and addressed fairly, they are more likely to speak up about wrongdoing. This not only helps in identifying and addressing issues early but also fosters a positive workplace culture where employees feel valued and respected.

Review whistleblowing policies

To navigate legislative changes businesses should develop and regularly review their whistleblowing policies to ensure they are up to date. This includes creating clear procedures for reporting and investigating concerns, as well as ensuring that policies are communicated effectively to all employees. A robust whistleblowing policy is essential for compliance and for building a culture where employees feel safe to speak up.

Implement confidential whistleblower channels to report concerns

When people become aware of wrongdoing, including sexual harassment, they are often reluctant to report it. This isn’t due to apathy, it’s because employees fear retaliation or negative consequences.

By offering confidential reporting channels via a hotline or web form, businesses can increase the likelihood of people speaking up. Whistleblowers often feel safe to share their concerns with an impartial third party who will protect their identity. With the introduction of the Employment Rights Bill, having a reliable and confidential reporting system is more important than ever.

Review capacity to conduct prompt workplace investigations

Although it’s currently only a tabled amendment to the Employment Rights Bill, it is good practice to fully investigate reports of wrongdoing in the workplace. Investigations can be challenging, particularly for businesses that lack the internal expertise or the time to do a thorough job promptly. 

If the tabled amendment is added to the Employment Rights Bill employers may have to investigate a broader range of complaints which is likely to result in more investigations.

It might be worth reviewing your organisation’s internal capacity to handle investigations. There might be a business case for engaging an independent third party to conduct investigations on your behalf to ensure that all reports are investigated properly. Alternatively, building a team of internal investigators and equipping managers with the skills and knowledge to conduct fair and effective investigations may be a better solution.  Either option would ensure your organisation is prepared and confident in addressing concerns through a fair investigative process.

Whistleblowing Training

To help businesses adapt to the new regulations, employees and managers should be equipped with the skills and knowledge they need.

Employees need to know what whistleblowing is, how to report it, and what will happen when they do. Managers need to know how to encourage employees to report concerns and what to do when employees speak up. 

Everyone has a part to play in whistleblowing, investing in training will help raise awareness and build confidence across the organisation.

Conclusion

The proposed changes to whistleblowing protections in the Employment Rights Bill present both challenges and opportunities for businesses.

While the final details of the Act are yet to be confirmed, the goal of enhancing worker protections is expected to increase employer obligations. We recommend that businesses review their whistleblowing policies, procedures, reporting channels, and training to ensure they are prepared for the new Employment Rights Bill when it comes into force.

As ever, Safecall is a whistleblowing service provider, not a legal expert, so this article can only ever provide a summary of the forthcoming legislation changes. We would always recommend seeking additional specific advice from an appropriate legal specialist before making decisions. Safecall can provide recommendations for appropriate legal specialists if required. Please ask for more details.