03/04/2023

GB WHISTLEBLOWING REVIEW (3 April 2023)

On 27 March 2023, the Department for Business and Trade announced the terms of reference for a review of the whistleblowing framework in GB – the laws which support workers who blow the whistle in the workplace.

Whistleblowing refers to the disclosure of information by workers which they reasonably believe shows wrongdoing or the covering up of wrongdoing, such as health and safety breaches, criminal offences or beaches of any legal obligation.

Workers who blow the whistle are entitled to certain protections including protection from detriment or dismissal as a result of blowing the whistle.

The purpose of the review is to examine the effectiveness of the current whistleblowing framework in meeting its original objectives in enabling workers to speak up about wrongdoing and protect those who do so. The review will be used to develop and improve the existing whistleblowing framework.

Whilst we have left the EU (and no longer have to implement their Directives), it is of note that the EU Whistleblowing Directive also strengthened protections and perhaps is an influencing factor in this Review.

The EU Whistleblowing Directive allows for anonymity and requires employers with 50+ employees to have reporting procedures in place which includes providing feedback within 3 months.

The GB Review will cover:
– who is covered by whistleblowing protections;
– the availability of information and guidance provided by employers and government; and
– how employers and prescribed persons respond to whistleblowing disclosures, including best practice.

It is expected that the research stage will be concluded by Autumn 2023 and earliest implementation will probably be 2024.

Since 1 October 2017, NI whistleblowing laws have been on par with GB and this review could well shape any changes here.