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Whistleblowing rule changes come into force

25 Jun 2013

As from today, there have been changes to the whistleblowing legislation.

The changes, which are introduced by the Enterprise and Regulatory Reform Act 2013, amend provisions in the Employment Rights Act 1996 and provide that:

  • the person making the disclosure must believe that it is in the public interest if that disclosure is to be protected;
  • although the disclosure no longer has to be made “in good faith” to be protected, if it appears to a tribunal that it was not made in good faith then compensation may be reduced by up to 25%; and
  • if a worker makes a disclosure then they have the right not to have detrimental actions taken against them by the employer, or an employers agent, on the ground that he or she has made a protected disclosure;

The practical implication of these changes is that it now means that:

  • it is ever more imperative that all employers have a whistleblowing policy in place and, additionally, that any policy they do have is in line with this new whistleblowing legislation; and
  • that managers and senior staff are trained in the relevant whistleblowing issues that might arise.

If you would like to speak to one of our experienced team members about the issues raised in this article, or about any legal concerns that you may have, contact us today.

Written by Richard Nelson LLP

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