Of those who would not make a whistleblowing disclosure, 45% cited fear of losing their job as the reason; 39% cited fear of retaliation or bullying; and 36% cited fear of their confidentiality being broken.
“HR should ensure that the company whistleblowing policy is clear that any employee making whistleblowing disclosures will be protected against retaliation and dismissal,” said Will Burrows, employment law partner at Bloomsbury Square Employment Law, speaking to HR magazine.
“Measures should be discussed with the employee to ensure this.”
Read more: Whistleblowing tribunals rise: What can HR do?
Burrows also encouraged HR to provide employees with training alongside the whistleblowing policy.
He continued: “The best way of communicating a whistleblowing policy is to combine it with training on whistleblowing: what form it takes, why it’s important and what rights and protections employees have.
“If every employee has training and is given the policy, then every employee will be aware of what they need to know. The most important thing for HR is that employees follow the whistleblowing policy, as most problems arise when qualifying disclosures are made outside the normal channels.
“These are not recognised by HR and therefore the employee is then subject to retaliation.”
Bloomsbury Square Employment Law's survey of 2,000 employees – analysis from which was published yesterday (3 October) – showed that 83% of employees did not have high confidence that if they did blow the whistle, they would be able to stay in their current job. Meanwhile, 33% were not confident that their current employer would ensure their confidentiality would be protected.
Women were more likely to feel safe whistleblowing than men, and older generations were more likely to blow the whistle.
The number of tribunal claims involving whistleblowing increased by 92% between 2015 and 2023, according to a Financial Times report published in July. Last year, 73% of people who contacted whistleblowing charity Protect’s advice line reported having been victimised for raising concerns with their employer.
Employers should ensure that they explain the outcome of whistleblowing disclosures with employees, according to Andrew Pepper-Parsons, director of policy at Protect.
Read more: How can HR support whistleblowers?
He told HR magazine: “Keeping communication channels open for the whistleblower is key, especially if the outcome of their concerns or complaints does not match their expectations.
“Risk assessments can help identify situations where the whistleblower may be vulnerable. Always remember that retaliation may not happen immediately after someone speaks out. The more detailed HR professionals can be in any feedback to the whistleblower, the more likely it will be to head off disputes in the future.”
Whistleblowing policies should also make clear that misconduct against those who make a disclosure will not be tolerated, Pepper-Parsons added.
Managers should be made aware of the consequences of retaliation against a whistleblower, Burrows explained.
He said: “HR needs to advise the business, including the manager of the employee in question, why the information disclosed is important, the protections employees have and the consequences of retaliation.
“HR needs to advise the employee of the same, in writing, and then ensure that the employee is able to contact HR with any concerns they have following the disclosures.”
