Amid concerns of a recurrence of the scandals of the 1980s, the government brought in the Public Interest Disclosure Act, which, according to Lord Nolan, is 'skilfully achieving the essential but delicate balance between the public interest and the interests of employers'.
The Act sets out a framework where employees can raise concerns about malpractice in their organisations. The employee must have an honest and reasonable suspicion that malpractice has occurred, is occurring or is likely to occur and must not be seeking personal gain. The Act sets out the process for gaining protection. Usually, the employee will normally be advised to speak to the employer first.
Compensation is available to employees where victimisation or dismissal in breach of the Act follows a reasonable disclosure. Key issues are:
æConsider a whistle-blowing procedure to include policy statements, confidentiality policies, access to independent advice, the process for raising concerns and penalties for malicious allegations
æRespond to employees concerns in writing
æEnsure that staff raising concerns arenÍt victimised
æDeal with the concern internally if you can.
Lee Bressler is in-house lawyer for North West London TEC and Business Link.
Amid concerns of a recurrence of the scandals of the 1980s, the government brought in the Public Interest Disclosure Act, which, according to Lord Nolan, is 'skilfully achieving the essential but delicate balance between the public interest and the interests of employers'.
The Act sets out a framework where employees can raise concerns about malpractice in their organisations, and failing this to inform outside bodies such as the police or the media. The employee must have an honest and reasonable suspicion that malpractice has occurred, is occurring or is likely to occur and must not be seeking personal gain. The Act sets out the process for gaining protection, and except in particularly serious or prescribed cases, the employee will normally be advised to speak to the employer first.
Compensation is available to employees where victimisation or dismissal in breach of the Act follows a reasonable disclosure. For employers, key issues to bear in mind are:
æConsider a whistle-blowing procedure to include policy statements, confidentiality policies, access to independent advice, the process for raising concerns outside the management structure and penalties for malicious allegations
æRespond to employees concerns in writing
æEnsure that staff raising concerns arenÍt victimised
æDeal with the concern internally if you can and seek professional advice if you canÍt.
Lee Bressler is in-house lawyer for North West London TEC and Business Link.
Amid concerns about a recurrence of the scandals of the 1980s and thanks to the work of the charity, Public Concern at Work, the government brought in the Public Interest Disclosure Act, which, according to Lord Nolan, is 'skilfully achieving the essential but delicate balance between the public interest and the interests of employers'.
The Act sets out a framework where employees can raise genuine concerns about malpractice in their organisations, and failing this inform an outside bodies such as the police or the media. The employee must have an honest and reasonable suspicion that malpractice has occurred, is occurring or is likely to occur and must not be seeking personal gain in order to benefit from protection. The Act sets out the process for gaining protection, and except in particularly serious or prescribed cases, the employee will normally be advised to speak to the employer before wider disclosure.
Compensation is available to employees where victimisation or dismissal in breach of the Act follows a reasonable disclosure. All awards for compensation are uncapped. For employers key issues to bear in mind are:
æConsider a whistle-blowing procedure to include policy statements, confidentiality polices, access to independent advice, the process for raising concerns outside the management structure and the penalties for malicious allegations
æRespond to employees concerns in writing and donÍt shoot the messenger
æEnsure that staff raising concerns arenÍt victimised
æDeal with the concern internally if you can and seek professional advice if you canÍt.
Lee Bressler is the in-house lawyer for North West London TEC and Business Link.
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