Whistle Blowing Compliance

Noun

  1. Someone who i9nforms on another’s wrong doing, or who publicly discloses corruption.

A ‘Whistleblower’ is an employee who notices and reports wrong doing within his/her company or organisation, which could negatively affect the public as a whole.

Whistleblowers are protected under the law.  This means that Whistleblowers should not have to fear retribution, such as the loss of their jobs, simply because they “blew the whistle”, speaking up against unlawful acts.

Whistleblower Protection Act

The Whistleblower Protection Act, which was enacted in 1989, and strengthened in 2012.  Examples of whistleblower retaliation may include:

  • Termination of employment
  • Demotion
  • Suspension
  • Threats of harassment
  • Discrimination

You are protected by law if you report any of the following:

  • A criminal offence, e.g. fraud
  • Someone’s health and safety is in danger
  • Risk or actual damage to the environment
  • A miscarriage of justice
  • The company is breaking the law, eg does not have the right insurance
  • You believe someone is covering up a wrong doing

Complaints that do not count as Whistle Blowing:

Personal grievances (e.g. bullying, harassment, discrimination) are not covered by Whistle Blowing law, unless your particular case is in the public interest.

Report these under Richard Martin Lightings grievance policy.

Who is protected by law?

You are protected if you are a worker, eg:  you are:

  • An employee, such as a police officer, NHS employee, office worker, factory worker
  • A trainee, such as a student nurse
  • An agency worker
  • A member of a Limited Liability Partnership (LLP)

Get independent advice if you are not sure you are protected e.g.:  from Citizens’ Advice.

  1. Richard Martin Lighting would take a measured approach in assessing the complaint, considering the key criteria above, before deciding that it is indeed a genuine protected disclosure which should trigger action under the companies Whistle Blowing policy.
  2. Richard Martin Lighting would ensure the complainant had a clear and understanding of the above description. This will ensure that:
  • Workers are aware of the key criteria and deter them from bring complaints where these criteria have not been met; and
  • Where there is genuine Whistle Blowing claim, there is certainty for both the employee and the employer as to the steps which need to be taken in order to address the complaint in a practical and timely manner.
  1. Richard Martin Lighting would ensure that all complaints are investigated as promptly as possible and ensure a transparent investigatory process.  The complainant would be kept informed throughout the process as the progress being made and time frames for resolution.  Failure to address the matter promptly or provide adequate information as to how the matter is progressing may prompt the Whistleblower to make an external disclosure.

Time Limits – If the employee was to take things further and issue a claim in the Employment Tribunal, they have 3 months from the date of the detriment or dismissal to issue the complaint.

If you are treated unfairly after Whistle Blowing:  You can take a case to an employment tribunal if you have been treated unfairly because you have blown the Whistle.

You can get further information from the Advisory, Conciliation and Arbitration Service (ACAS), Citizens’ Advice, the Whistle Blowing charity Public Concern at work or your trade union.

If you reported your concern anonymously, you may find it harder to argue that your unfair treatment was a result of your Whistle blowing.

You must raise any claim of unfair dismissal within 3 months of your employment ending.

You must notify ACAS if you want to take your case to an employment tribunal.

The statement has been signed by our Operations Manager and published on our website wwwrichardmartinlighting.co.uk with a clear link on the homepage.

DATED April 2018