The issue of whistleblowing in the workplace has come to the forefront since the onset of the coronavirus pandemic, with research revealing that nearly half of employees with coronavirus concerns have been ignored by employers over the past seven months, while a fifth of whistleblowers were dismissed for raising concerns.

According to a new report by whistleblowing charity Protect, employers have been indifferent to the issues raised by 41% of employees around COVID-19 safety measures and possible furlough fraud, whilst 20% found themselves out of a job after making their fears known or asking too many questions.

Protect, which runs an advice line for whistleblowers and supports more than 3,000 whistleblowers each year, said it had been inundated with COVID-19 whistleblowing concerns, with many being “of an extremely serious nature”.

Protect’s report, The best warning system: Whistleblowing during Covid-19 recommends the introduction of a legal standard on employers to have whistleblowing arrangements in place, including a requirement to give whistleblowers feedback on the concerns raised. It also suggests a penalty regime should be implemented where an organisation could be fined or sanctioned for breaching the whistleblowing standards.

Chief Executive Liz Gardiner, said:

“There is no excuse for employers to ignore whistleblowers, but during a global pandemic, it is a danger for us all when concerns are not acted on and the consequences could be a matter of life and death.”

Putting coronavirus aside, employers should always have whistleblowing policies and procedures in place.

As a manager you should:

• Promote an open, transparent culture that encourage employees to act on and report any concerns.
• Ensure that employees who raise genuine concerns about harmful practices that they come across in their work are taken seriously.
• Ensure that employees who raise issues are not regarded as troublemakers and are not penalised or put at any detriment.
• Listen to and thoroughly investigate every concern raised by an employee.

In line with the Public Interest Disclosure Act 1998, managers must make sure that employees who raise reasonable concerns in good faith are not victimised as a result.

Dealing with whistleblowing

Where a manager receives a complaint under the provision of whistleblowing, they should assess and investigate the complaint impartially and objectively, so that it is fair and transparent to all parties concerned. Investigations should be completed in line with the organisation’s policy.

The manager will ensure that any employees impacted by an investigation from the whistleblowing claim are kept aware of the actions being taken and the outcomes, taking into account the need to respect the possible confidentiality of some of the information relating to other employers, customers or third parties that has developed in the process of the investigation.

Information should be treated confidentially. This might not be possible in all cases, for example where the alleged malpractice requires reporting to the police or the local authority. In this situation, the whistleblower should be made aware.

Darren Jones MP, Chair of the Business, Energy and Industrial Strategy Committee said:

“Whistleblowing is a vital means for workers to raise concerns and shine a light on wrongdoing. Putting in place effective whistleblowing arrangements should be a key part of good governance, helping to ensure that people are encouraged to speak out and that their concerns are listened to and acted upon.”

Protect’s report makes the following recommendations:

• Introduction of a legal standard on employers to have whistleblowing arrangements in place, including a requirement to give whistleblowers feedback on the concerns raised.
• A penalty regime where an organisation can be fined or sanctioned for breaching the whistleblowing standards.
• New legal standards on all regulators to ensure they deal effectively and promptly with whistleblowing concerns being raised to them – and regulators doing much more to drive up standards of whistleblowing arrangements amongst entities they regulate.
• Legal aid and reform to whistleblowing law is needed to ensure that whistleblowers who are treated badly or dismissed have an effective remedy.

Gardiner added:

“We want lessons to be learned from our report which demonstrates real issues around fraud and public safety. Organisations have a duty of care to protect their staff. Whistleblowers are doing the right thing speaking up in a pandemic to keep themselves and others safe – employers need to keep their side of the deal and listen and act on the concerns they are hearing.”