The government has launched a review of the whistleblowing framework to ensure it protects workers who raise concerns effectively.
The Department for Business and Trade will gather evidence on the effectiveness of the current regime, in response to calls to reform the whistleblowing framework – particularly during the Covid-19 pandemic when many workers raised concerns about unsafe working practices.
Whistleblowing
Under the Public Interest Disclosure Act 1998 (PIDA) workers who blow the whistle are protected from detriment or dismissal, and may bring an employment tribunal claim if their rights are infringed.
The review, which seeks views from whistleblowers, charities, employers and regulators, is set to conclude in autumn 2023.
Business minister Kevin Hollinrake said: “Whistleblowing is a vital tool in tackling economic crime and unsafe working conditions, and the UK was one of the first countries in the world to develop a whistleblowing framework.
“This review has been a priority for me since joining government, and it will take stock of whether the whistleblowing framework is operating effectively and protects those who call out wrongdoing in the workplace.”
The main questions to be answered in the whistleblowing framework review include:
- how has the whistleblowing framework facilitated disclosures?
- how has the whistleblowing framework protected workers?
- is whistleblowing information available and accessible for workers, employers, prescribed persons and others?
- what have been the wider benefits and impacts of the whistleblowing framework, on employers, prescribed persons and others?
- what does best practice look like in responding to disclosures?
The review was welcomed by whistleblowing charity Protect, which said the law needed to be updated.
“The UK can be proud of having led the way on whistleblowing protection, but our law was passed in 1998 and now needs updating,” said legal director Sybille Raphael.
“We will feed into the review: we need to improve our framework to ensure whistleblowing is effective for organisations, workers and society as a whole. We, at Protect, have identified three key areas where we think our whistleblowing framework should be improved: access to justice, standards on employers and extension of the scope of protection.”
Hannah Netherton, an employment partner at law firm CMS, said the review was timely as the UK has not implemented the EU whistleblowing directive, which imposes more stringent obligations on organisations – particularly around the process for responding to whistleblowing disclosures and protecting whistleblowers’ anonymity.
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She said: “It will be interesting to see whether the outcome of this review ultimately puts the UK on a closer footing with the EU directive. Either way, organisations with a UK and EU presence will have to grapple with another new regime and ensure that their policies and procedures are fit for purpose. The direction of travel towards greater protection for whistleblowers, and increased obligations on employers, is clear.”
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