Whistleblowing is a term that has gained significant attention in recent years, particularly in the context of employment rights. It refers to the act of exposing wrongdoing, illegal activities, or unethical practices within an organisation. In the UK, whistleblowing is protected under the law, specifically the Employment Rights Act 1996, which provides certain rights and protections to employees who make what is known as a ‘protected disclosure’. This article aims to explain the concept of protected disclosure, the rights associated with it, and the whistleblowing legislation in the UK.
What is a Protected Disclosure?
A protected disclosure is a specific type of whistleblowing. It refers to the act of disclosing information which, in the reasonable belief of the worker, tends to show one or more types of wrongdoing or malpractice. These can include criminal offences, failure to comply with legal obligations, miscarriages of justice, endangering the health and safety of individuals, environmental damage, or the deliberate concealment of any of these matters.
Protected Disclosure Employment Rights Act
The Employment Rights Act 1996 is a key piece of legislation in the UK that provides protection to whistleblowers. Under this Act, workers who make a protected disclosure are safeguarded from being subjected to any detriment by their employer as a result of their whistleblowing. This means that they cannot be dismissed, discriminated against, or penalised in any way for making a disclosure.
Defining Key Terms
- Define Recrimination: Recrimination refers to an accusation in response to one from someone else. In the context of whistleblowing, it could refer to an employer retaliating against an employee for making a disclosure.
- Define Wrongdoing: Wrongdoing is a generic term that refers to illegal or unethical behaviour. It can include a wide range of activities, from fraud and corruption to health and safety violations.
- Define Detriment: In employment law, detriment refers to unfair treatment that an employee suffers as a result of a particular action. In the context of whistleblowing, it could refer to an employee being treated unfairly as a result of making a protected disclosure.
- Disclosed Define: To disclose something means to make it known or reveal it. In the context of whistleblowing, it refers to the act of revealing wrongdoing within an organisation.
Whistleblowing Legislation in the UK
The main piece of whistleblowing legislation in the UK is the Public Interest Disclosure Act 1998 (PIDA). This Act, which amends the Employment Rights Act 1996, provides protection for workers who disclose information about wrongdoing. It ensures that they are not subjected to any detriment by their employer, and that they cannot be dismissed as a result of making a protected disclosure.
Examples of Whistleblowing
There have been many high-profile examples of whistleblowing in recent years. These include disclosures about illegal activities, such as fraud and corruption, as well as unethical practices, such as environmental damage and health and safety violations. Some examples include the exposure of the Volkswagen emissions scandal, the revelation of illegal surveillance practices by the NSA, and the uncovering of widespread sexual abuse in various institutions.
Conclusion
In conclusion, protected disclosures and whistleblowing play a crucial role in exposing wrongdoing and promoting transparency and accountability within organisations. The UK has robust legislation in place to protect whistleblowers and ensure that they can make disclosures without fear of recrimination. However, it is essential for employees to understand their rights and the protections available to them under the law.
