The Government has launched a review of the UK’s current whistleblowing framework to develop and re-evaluate the existing legislation as well as to assess whether its objectives are being met.
What is Whistleblowing?
Whistleblowing occurs when an individual, often an employee, reports wrongdoing in a company or organisation, such as financial misconduct or risks to the health and safety of staff or the general public at large. You can read more about whistleblowing in our guide for employers ‘Whistleblowing in the UK’ here.
The Whistleblowing Policy
The Public Interest Disclosure Act 1998 (PIDA) - the legislation that protects whistleblowers in the workplace - has been in force for the last twenty-five years. In recent times, there has been more awareness of how important whistleblowing is in uncovering wrongdoing, and therefore, the need to provide those who speak up with better protection.
There was a marked increase in whistleblowing allegations received by the Care Quality Commission and the Health and Safety Executive during the Covid-19 pandemic. Protect, the UK’s whistleblowing charity, also disclosed that 1 in 4 Covid-19 whistleblowers were dismissed between September 2020 and March 2021.
As a result, the Government has commenced a review of the UK’s whistleblowing framework to develop and re-evaluate the existing regime as well as to examine whether the objectives of PIDA are still being met.
The Scope of the Review
The Review will collect evidence from whistleblowers, employers, regulators and charities, and will focus on three main areas:
- Who is protected by whistleblowing legislation
- The accessibility of information and guidance for whistleblowing purposes
- How employers react to whistleblowing claims, including best practice
The Possible Implications for Employers
It is expected that changes will be made to the existing whistleblowing framework as a consequence of this review.
Amendments may include
- Widening whistleblowing protection to all those in the workplace, including self-employed contractors and non-executive directors who are currently not protected
- Compelling employers to respond to whistleblowers and investigate concerns raised
- Providing whistleblowers with greater access to justice, possibly by offering legal aid for whistleblowers seeking to bring employment-related claims
It is also likely that UK legislation will move closer toward the requirements of the EU Whistleblowing Directive, which the UK did not implement owing to its departure from the EU. The Directive imposed more rigorous obligations on businesses than PIDA, particularly around the process and timings for responding to whistleblowing disclosures and protecting whistleblowers’ anonymity.
We will keep you updated with any changes that result from the review, which is expected to conclude in Autumn 2023. More for news and update, follow our blog.
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