1.1 A Definition of Whistle-Blowing

  1. The official name for whistle-blowing is ‘Making a Disclosure in the Public Interest’, however it is more commonly called ‘Whistle-blowing’. It means that if an employee discovers information in the workplace relating to perceived malpractice or wrongdoing, they can disclose the information to their employer or a prescribed person and their employment rights will be protected, provided they follow the correct procedures.

1.2 The Legal Position

  1. The Public Interest Disclosure Act 1998 gives legal protection to workers against being dismissed by their employers or suffering detriment as a result of disclosing information relating to perceived malpractice or wrongdoing.
  2. Under the Act a protected disclosure means a qualifying disclosure which is made by a worker.
  3. A ‘qualifying disclosure’ means any disclosure of information which, in the reasonable belief of the worker making the disclosure, indicates that one or more of the following has happened, is happening or is likely to happen:
  4. a criminal offence;
  5. a failure to comply with any legal obligation;
  6. a miscarriage of justice;
  7. danger to the health and safety of any individual(s);
  8. danger to the environment;
  9. deliberate concealment of any of the above.
  10. The worker making a disclosure must have reasonable belief that the information discovered indicates a breach or offence listed above. It is immaterial whether the belief is correct so long as the worker can show that the belief was held and that it was a reasonable belief at the time of disclosure.

1.3 Making a Disclosure to Your Employer or Another Responsible Person

  1. If employees discover information in the workplace relating to perceived malpractice or wrongdoing they are encouraged to report this information to their employer.
  2. A qualifying disclosure will be made where the employee makes the disclosure in good faith:
  3. to their employer; or
  4. to another person who the employee believes to be responsible for the malpractice or wrongdoing; or
  5. in accordance with a procedure authorised by their employer.