How to Get Whistleblowing Right

Getting whistleblowing right is essential, because getting it wrong by mishandling whistleblower reports and concerns can be extremely costly for businesses, both financially and reputationally.

Recent headlines involving the Post Office, Harrods, and the NHS underscore the dangers of ignoring or mismanaging whistleblowers’ concerns.

Tribunal Statistics

The recent Employment Tribunal Statistics from the Ministry of Justice show that the total number of claims increased from 86,000 to 97,000 in the 23/24 reporting period, a rise of nearly 13%.

The highest award in an unfair dismissal claim in the 23/24 reporting period is £179,124. Unfair dismissal claims are usually subject to a statutory cap, the highest award will have been an exception such as a whistleblowing or health and safety dismissal where the cap does not apply. In comparison, the median award for unfair dismissal claims is £6,746 and the mean award is £13.749.

The stark difference between the highest and average awards shows the huge financial cost of getting whistleblowing wrong.

It is also worth noting the Employment Tribunal Statistics do not include employment disputes that were settled without a tribunal claim being raised, many of which will have been settled for more than the average awards.

What can businesses do?

Be receptive and open to employee concerns

When employees raise concerns, it can be a natural reaction to be defensive and try to shut down or minimise the issues they have raised. Instead, take a step back and consider the situation impartially. Ignoring concerns can be a costly mistake.

Employees are often hesitant to raise concerns because they worry about the personal costs of doing so. Speaking up is an act of loyalty to the business so be thankful that employees want to bring misconduct or wrongdoing to the attention of business leaders.

Have fair policies and procedures (and follow them)

If you have a whistleblowing or speak up policy, make sure it is accessible to employees so they can understand it easily and they know where to find it.

A good policy will include an explanation of whistleblowing and the kinds of concerns you would like employees to speak up about. It will also include a clear process for raising concerns and the investigation procedure. Getting whistleblowing right starts with being clear about your commitment to whistleblowing and emphasise confidentiality and the support available to people who raise concerns.

But having a whistleblowing policy is not enough.

In an Employment Tribunal, it is crucial to demonstrate that the organisation has followed the procedures outlined in its policy.

Consider how the business might oversee this process. For example, a central system for managing reports can facilitate regular reviews, ensuring that your procedures are robust.

Training and support for line managers

Our latest survey found that line managers are usually the first people employees would speak to about misconduct in the workplace.

So, managers need to feel confident and able to respond effectively. They need to know they’re getting whistleblowing right.

That’s why managers will almost certainly benefit from training to identify protected disclosures and understand the importance of confidentiality and protecting the whistleblower. Equipping managers with the knowledge to handle whistleblowing disclosures effectively can prevent problems from escalating and becoming more difficult to resolve.

Investigate properly

Encouraging employees to speak up about whistleblowing increases the likelihood that they will do so. When an employee raises a concern, the first step is to triage the report. This involves determining whether the issue is a whistleblowing concern or if it sits under another policy, such as the grievance policy.

An employee who makes a whistleblowing disclosure is protected by law from detriment or dismissal as a result of raising a concern. High awards in unfair dismissal claims are often because businesses have not protected whistleblowers, and they have lost their jobs because of speaking up about misconduct. During an investigation, aim to keep the whistleblower’s identity confidential to mitigate the risk of detriment.

Fully investigate the whistleblowing concern and ensure your investigators are independent, fully trained, and follow your investigation procedure. If you do not have the internal expertise or capacity to investigate, consider seeking external support. It may be sensible to commission an independent investigator rather than risk a costly employment tribunal case if you do not have internal resources or knowledge or if the case is likely to be complex.

Keep detailed records of actions and decisions

Often businesses can be criticised in employment tribunals for not following the process or not having sufficient evidence. Keep records of any actions you take and the reasoning behind decisions you have taken so that they stand up to later scrutiny. Detailed records show what you knew at the time and how you responded to it. This will show that the business has not made hasty or unfair decisions.

Communicate with whistleblowers

It takes a great deal of bravery for employees to raise a concern about misconduct in the workplace. Employees will want to know what has happened as a result of them speaking up. This can be a delicate balance for employers because they have a duty to protect the privacy of the other people who are involved. However, it is important to reassure whistleblowers that you have investigated and taken the necessary action. By keeping the lines of communication open, you are sending a clear message that you appreciate the employee speaking up and that the business will act on concerns. This will build trust in the whistleblowing process.

Conclusion

Getting whistleblowing right is essential because no organisation wants to face an employment tribunal, risking high financial costs and reputational damage. By taking employee concerns seriously and implementing robust procedures, training, and support, businesses can minimise these risks and build trust within the organisation, demonstrating integrity in handling whistleblowing.

If you need to give us more detailed information about your business, get in touch.