Whistle-blowing Policy

Our Whistle-blowing Policy template can be used by any business as part of its HR Handbook. It sets out how employees and management should handle whistle-blowing on wrongdoing in the business.

The law in the UK protects whistle-blowers. The relevant laws are found in the Employment Rights Act 1996 (as amended by the Public Interest Disclosure Act 1998). Also there is a code of practice for employers on the rights.

There are certain rules that every employer must observe and it is their responsibility to ensure that its employees who blow the whistle by reporting wrongdoing are not victimised by management or other staff, as the employer can be held liable for the actions of its staff in this respect (known as vicarious liability). This policy (and of course ensuring it is enforced in practice) is a good step in the direction of ensuring the employer’s legal responsibilities on whistle-blowing are complied with.

Why have a whistle-blowing policy?

A straightforward policy, used to train and instruct your staff, can help (a) in getting problems nipped in the bud before they become worse and (b) protect your business from damage to its reputation that can result from scandals eventually coming to light that you have failed to address internally.

A whistle-blowing policy can also encourage staff to raise concerns internally first, rather than go straight to the press, social media, the police or an external regulator.

Using our Whistle-Blowing Policy template

We have drafted this template so that you can complete your policy in literally minutes. It comes with a guide that leads you through each section and explains what the purpose is. You will find it very easy to use. If you have any other queries you can contact us by email or telephone: see our Contact Us section.

Other HR Handbook documentation

Legalo has a full range of policies for your HR Handbook if you need individual policies or you can buy the complete set at a significant discount on the price of buying them individually. Have a look at our HR templates section for full details.

Guide to our Whistle-blowing Policy

What follows is the main parts of the guide to our template, and you receive the full guide when you buy the document:

Whistle-blowing Policy Outline

This section sets out the business’s commitment to permitting whistle-blowers to raise their concerns in a protective, confidential environment in the workplace.

While in the third part of this section, it says that the procedure is non-contractual, employers should consult employees or their representatives if they are thinking of revising their policy. Please note that if you have adopted the policy after negotiation with a trade union, it may have become a contractual term of the employees’ contracts. In such a case, modify the template accordingly by deleting this part.

Whistle-blowing – definition

This section in the whistle-blowing policy explains what whistle-blowing is. If there are other specific issues that might be relevant to your industry or profession, then you can add them in the final sentence of this section. If not, then delete that sentence.

Whistle-blowing procedure

This section sets out:

• with whom the employee should raise the issues, and
• then that you would hold a meeting to address the issue.

In the first part of this section, fill in the name of the Whistle-blowing Officer and then decide whether, as an alternative, the employee should raise the issues with the managing director or another trusted individual. If the latter, then insert their name or position.

Confidentiality & discretion

This section encourages the would-be whistle-blower to:

• raise their concerns internally, and
• assures them of protection against victimisation as a result.

External disclosures

You cannot prevent whistle-blowers going to other bodies with their concerns, but by having this policy in place (which encourages the would-be whistle-blower to raise their concern with you first and assures them of protection against victimisation), you are more likely to be able to address it before they do. It also suggests the whistle-blower discusses it first with the independent whistle-blowing charity, Protect (formerly “Public Concern at Work”).

Whistle-blowing – support and protection

This section explains that the business needs to:

• support whistle-blowers, protect them from victimisation, and
• discipline any members of staff who would seek to victimise the whistle-blower.

Contacts

In this final section, fill out the contact details in the table.