Magazine |
Whistle-blowers are ‘still victimised’ despite legislation

Whistle-blowers who expose wrong doing by their employers are continuously victimised despite legislation designed to prevent this.

On the 10th anniversary of the implementation of legislation which was designed to protect employees who expose wrong-doing, a leading charity - Public Concern at Work - has reviewed the impact of the legislation.

The report indicates that rather than encouraging and supporting people to come forward, ‘claims are being swept under the carpet. Employers, it seems, are choosing to dismiss and pay off complainants’.

However from this month (6 April) employment tribunals will be allowed to reveal details of whistle-blowing allegations. The lift on the ban means the tribunal can refer claims to the relevant regulatory authority for investigation.

Allowing tribunals to disclose allegations to third parties has received a mixed reaction, and is seen as a controversial move by some such as employment law firms who are strongly advising employers to examine their current processes and procedures.

Mark Hammerton a partner at the law firm Eversheds said: ‘I would urge all employers to now review their current procedures and practices for dealing with whistle-blowing claims and to ensure any such allegations are addressed as early as possible. A failure to do so could otherwise mean that employers learn of their alleged wrong-doings only once they have escalated to a formal external investigation.’

Mr Hammerton told Payroll World: ‘This new rule will certainly raise the consciousness of whistle blowing. Of course those who have nothing to hide will have nothing to fear.

‘Allowing tribunals to reveal such details will make a public record that an employer has done wrong…the employer does have the opportunity to contest the claim…but even if successful the best case the employer could hope for is a 0-0.’

19/04/10