Ever since the Edward Snowden case became international news more and more people have been familiarising themselves with the legislation of whistleblowing; the decision to reveal classified information for the benefit of public interest. However, a stigma remains attached to the act of whistleblowing, with employers considering such behaviour to be deceitful to their organisation, often regardless of any dishonesty on their part.
But how can an employee protect themselves from experiencing discrimination at expressing their concerns? Read on to find out more about this controversial subject matter.
Whistleblowing and the public
Too often employees choose not to speak out about information they’ve acquired due to concern that it could lead to an awkward atmosphere, or at worst, will result in the loss of their job. Such feelings of apprehension often allow illegal and/or offensive conduct to continue.
The legislation involved in the 1998 Public Interest Disclosure Act has played a major role in encouraging employees to speak out, as this law protects them from receiving unfavourable treatment following an act of whistleblowing. It has also led to a rise in organisation’s conducting internal whistleblowing investigations in an effort to avoid the public disgrace of an external investigation.
Despite these advances in employment law protection, whistleblowing has not lost its contentious reputation, as employees continue to express concern about their decision to pit personal interests against the supposed better interest of the entire company. This is made more difficult by a condition of the 1998 Public Interest Disclosure Act, which states that cases of whistleblowing must be judged based on the specifics of each case, thereby allowing some claims to be dismissed outright.
So what’s the best way of defending yourself?
It is recommended that all employees first consult an employment law solicitor to understand their rights and the potential outcome of their decision. The revelation of sensitive information is often so heavily disputed that it should be made a priority to receive expert legal advice.
If a case is deemed suitable an employee can then have their concerns considered by a London central employment law tribunal where they are able to protest the legislation while protecting their own position as a whistleblower. However, all employees need to provide strong evidence showing a clear connection between their whistleblowing actions and any treatment they could, or have, received in the aftermath.
But how will employers defend their business?
In order to avoid negative connotations that can arise from acts of whistleblowing, an organisation are able defend themselves through the use in-house codes and practises that they have put in place. This self-governed policy does not prevent employees from having the right to speak out, but it does allow companies to show that they have attempted to deal with, and even assist with, employee concerns, which could potentially have the effect of making the employee appear unreasonable as they have seemingly chosen to defy internal business procedures.
Although, whistleblowing law may have only been part of UK legislation for 16 years, high profile cases have increased its prominence, and the legislation of the 1998 Public Interest Disclosure Act and Enterprise & Regulatory Reform Act 2013 have been instrumental in making positive changes.
Please note that whilst every effort is made to maintain accuracy of the content in this article; we cannot take responsibility for any errors. This author is not an Employment Lawyer or HR Specialist and this cannot in any way constitute a substitute for Employment Law advice. All facts should be cross-checked against other sources. Should you require specific Employment Law advice, then we recommend that you contact Nationwide Employment Lawyers.
Image by A K Rockefeller on Flickr
