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Whistleblowing Protection: A Review of UK Law and a Call for Reform
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In recent years, whistleblowing has become an increasingly important topic, with many employees feeling encouraged to report wrongdoing within their organisations. However, despite the growing importance of whistleblowing, the current legal framework in the UK is widely seen as outdated and in need of reform.
Causation: A Key Challenge in Whistleblowing Claims
One of the most significant challenges facing individuals who wish to bring a whistleblowing claim is establishing causation. This requires demonstrating that the making of a protected disclosure was the reason for any subsequent detriment suffered by the employee. In practice, this can be a difficult task, particularly where an employer has failed to provide a clear explanation for its actions.
Bullet points:
- Establishing causation can be a challenging task
- Employers often fail to provide a clear explanation for their actions
- This makes it difficult for employees to demonstrate that their whistleblowing was the reason for any subsequent detriment
Special Rules in the Financial Services Sector
The financial services sector is subject to specific regulations regarding whistleblowing, which require organisations to appoint a “whistleblowing champion” and establish internal procedures for reporting concerns. The Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) also provide guidance on whistleblowing, including the importance of protecting the identity of those who come forward.
The Directive: A Comparison with UK Law
In contrast to the UK’s Whistleblower Protection Directive, which provides protection for a wider range of individuals, including self-employed contractors and volunteers. The directive also covers breaches of EU law, whereas UK legislation only applies to disclosures of legal obligations. Furthermore, the directive provides greater protections for whistleblowers, including free access to independent legal advice.
Key differences:
- Wider range of protected individuals
- Covers breaches of EU law
- Provides greater protections, including free access to independent legal advice
Reform: A Call to Action
Despite the importance of whistleblowing, there have been few calls for reform in recent years. However, a review launched by the UK government earlier this year seeks evidence on the effectiveness of the current regime and has sparked renewed debate about the need for change. With many arguing that the current laws are inadequate, it remains to be seen whether the government will take action to modernise whistleblowing legislation.
Conclusion
Whistleblowing is an essential tool in uncovering wrongdoing within organisations, but the current legal framework in the UK is in dire need of reform. By providing greater protections for whistleblowers and clarifying the process for making disclosures, we can create a culture where employees feel empowered to speak out without fear of reprisal.
Contact Us
If you would like further information or advice about whistleblowing protection, please contact Özlem Mehmet or Andreas White at Kingsley Napley.