Whistleblowing: How to expose workplace wrongdoing

Have you ever seen something seriously wrong and possibly against the law  where you work, and wondered if you should tell someone about it?

If  practices like fraud and corruption are happening, or unsafe procedures and equipment are being used,  they need to be stopped.

So reporting them or ‘blowing the whistle’ on them is very important.  To help you blow the whistle on such workplace wrongdoing, here’s a short practical introduction to whistleblowing and how to do it.

See also Monaco Solicitors’ guide on Whistleblowing for further detail.

 

What’s the meaning of whistleblowing?

Whistleblowing is called that because someone who blows the whistle (not a real one) at work draws attention to workplace misconduct, in an effort to get it stopped. Think of a football referee who blows a real whistle during a football match to draw attention to a foul.

If you’re a workplace whistleblower, you report something that you believe is illegal, unethical, or dangerous that’s happening at your place of work.  The practice or behaviour may be confined to just one or a small number of individuals or departments. It may not be widely known about across your organisation and the bosses may be totally unaware.

Whistleblowing is not about minor workplace issues or personal disagreements with your employer. It’s about exposing serious issues that could harm workers, customers, your business and others you do business with.

Examples of whistleblowing 

Examples of issues that might justify whistleblowing include reporting about:

• Health and safety issues, such as dangerous equipment or unsafe working conditions.
• Criminal activity, such as fraud or theft.
• Environmental damage, like illegal dumping of waste.
• Unlawful actions, such as not paying the minimum wage or ignoring working time regulations.
• Cover-ups of any of the above.

If you have reason to believe that the above or anything like them is going on in your workplace, you might be in a position to blow the whistle.

 

Who should you report the issue to?

Many workplaces have a whistleblowing policy that tells you who to raise your issues with. As a rule, the first step is to discuss them with someone inside your organisation, such as your line manager, or someone designated as a whistleblowing officer.

But what if you don’t feel comfortable reporting the issue internally, or you’ve tried and nothing has been done?

In this case, you may be able to report the issue to an outside body. So, you might report health and safety issues to the Health and Safety Executive, or financial misconduct to the Financial Conduct Authority. (See this government page for a list of organisations.)

 

How do you blow the whistle?

When it comes to actually blowing the whistle, you’ll need to explain what you’ve seen or heard, and why you believe it’s wrong.

To support your allegations, it’s important to gather as much evidence as you can. This could include emails, reports, or witness statements.

It’s also best to make your report in writing, so there’s a record of what you’ve said.

If you’re reporting internally, follow the steps in your company’s whistleblowing policy, if they have one.

If you’re reporting to an external organisation, find out how they want you to do that – some have online forms, and others may prefer emails/letters.

Whistleblowing can be done confidentially, meaning your identity won’t be revealed. In some cases, you may also be able to blow the whistle anonymously.

 

What are the consequences of whistleblowing?

Whistleblowing can have different outcomes, both positive and negative.

On the positive side, blowing the whistle can stop dangerous or illegal activity, protect people, and improve working conditions. It is a brave and potentially rewarding thing to do.

The downside is that you may fear being treated differently by your colleagues or your employer, or being passed over for promotions, or even losing your job.

What UK laws are there to protect whistleblowers from unfair treatment?

If you’re a whistleblower, UK laws offer you protection under the Public Interest Disclosure Act 1998. The Act says that if you blow the whistle, your employer is not allowed to treat you unfairly or sack you as a result. If they do, you could have the right to take them to an employment tribunal for compensation.

 

Getting outside help with whistleblowing

There are specialist organisations out there that can help you with whistleblowing. They include:

1] Advice-giving bodies, such as a trade union, Acas (the Advisory, Conciliation and Arbitration Service), or the whistleblowing charity called Protect.

2] Specialist law firms, who can give you legal advice and also represent you in any claim you may make if your rights as a whistle blower have been breached by your employer.

What next?

Monaco Solicitors are specialist employment law solicitors that only represents workers and employees. We can give you expert advice on your best course of action in a whistleblowing case – from disclosing the issue, through seeking compensation and a settlement agreement, to taking your case to an employment tribunal. We can also represent you to negotiate a settlement with your employer- possibly on a no-win-no-fee basis.

Get in touch with Monaco Solicitors if you’d like friendly and professional advice from an experienced team of specialist employment lawyers.

If you just want to know whether or not you have a legal case that’s worth making a claim for, click the ‘Get Started’ button below.