Blowing the Whistle

| Saturday, April 6, 2013
By Frank Linger


A Whistleblower is a common term used to describe an employee who exposes and reports malpractice to the media or legal authorities. Whistleblowers can be past or present employees working for a private company, organisation or government department who suspect wrongdoing in the workplace. There are many circumstances where 'blowing the whistle' may be necessary including, but not limited to; fraud, corruption, environmental issues and health and safety risks.

Officially called 'making a disclosure in the public interest', there are two types of whistleblower; internal and external. An internal whistleblower reports to someone within the company, either a fellow employee or a superior. An external whistleblower tells the public; either through the media, by informing groups concerned with the issue, a regulatory body or a law enforcement agency.

There are numerous issues which may lead a person to become a whistleblower, examples of which include; damage to the environment, criminal offence, increased safety fears and the covering up of wrongful and/or unlawful behaviour (such as incorrect insurance).

For many whistleblowers it is a matter of integrity and ethical fortitude. The whistleblower is bringing to the public attention something hidden which may have been detrimental to society in general. Even in the face of misconduct some whistleblowers may feel divided loyalties to their employer.

An employee can not be fired for being a whistleblower, if they were, as long as certain criteria were met, the person could claim unfair-dismissal. In the United Kingdom the Public Interest Discloser Act of 1998 protects employees from being fired whilst 'blowing the whistle'.

Workers are eligible for protection against dismissal and victimisation as long as they reveal the information in the appropriate way, through the correct channel. Persons who are protected include; employees, the self-employed, agency workers and people who aren't employed but are in training with employers.

A person is no longer covered by the Public Interest Discloser Act if they are breaking a law by reporting the misconduct - for example they have signed the official secrets act. Professional who find out about the wrongdoing as a result of providing legal advice are not covered by this law. Detrimental treatment can be claimed by persons not employed by the company.

A person may feel victimised by others in the workplace who look unfavourably on the person reporting the misconduct, although there is legislation in place to protect against this happening. They may also fear for their career within the organisation and future employment beyond the company. If the person making the claim were involved in the misconduct, they may face legal prosecution, if the employer were to take action against them.

Every situation is different, but how one 'blows the whistle' depends heavily on how they believe the person they speak to will take their claims. Internally the whistleblower should contact human resources and follow the procedures which are already in place. If they believe a person within the company would try to cover up the allegations or treat them unfairly, they should then contact an outside operational body or prescribed person.




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