The Government has said that it will review the current whistleblowing protections in response to reports that there has been a significant rise in employees reporting that they were dismissed from their jobs after they made a protected disclosure (i.e. blown the whistle) to their employer relating to a Covid-19 related issue.
Increase in whistleblowing detriment claims as a result of Covid-19
Advice service, Protect, which provides support to whistleblowers, works with organisations and campaigns for better legal protection of whistleblowers, has recently reported that one in five whistleblowers who contacted them were dismissed after they had raised Covid-19 related concerns to their employer during the first six months of the pandemic. This rate then increased further for September 2020 and March 2021 to one in four whistleblowers.
Andrew Pepper-Parsons, Head of Policy for Protect, commented:
“The pandemic has shown us the importance of whistleblowing and how it plays a role in keeping all of us safe – yet one year on from the start of the pandemic, and we are still finding whistleblowers raising Covid-related concerns being victimised or dismissed…
“The pandemic has exposed how, in reality, it is too easy to ignore whistleblowers.”
Additionally, according to data published by The Telegraph, there were 2,282 whistleblowing detriment claims lodged between April and December 2020, which means that the number of cases has more than doubled since 2014/15 and is the highest nine-month period on record.
Reforms to whistleblowing protections
Protect are currently campaigning for the reform of whistleblowing legislation, the Public Interest Disclosure Act, and have called for sanctions to be put in place against employers who victimise employees who make protected disclosures.
According to The Telegraph, the Government is looking to roll-out a new single body to enforce employees’ rights, which may include whistleblowing protections. This could feature in the Government’s new employment bill, once it reaches Parliament.
A spokesperson for the Department for Business, Energy and Industrial Strategy (BEIS) commented:
“No worker should lose their job for whistleblowing, and our current regime makes clear that it is unacceptable for an employer to dismiss someone for passing on information concerning wrongdoing.
“We have upgraded the whistleblowing regime to provide support for those who speak up and ensure they are treated fairly at work, including providing guidance on how workers can make disclosures while retaining their employment protections.
“We will be reviewing these reforms to ensure they remain fit for purpose.”
Comment
Employers should take care to identify acts of whistle blowing and to make sure that they treat genuine whistleblowers with care, in accordance with the legal protections they are entitled to. Failing to identify whistleblowing is a common issue which we see when working with our clients.
Employees who have concerns at work should take care that they raise these correctly in order to gain the benefit of the legal protection for whistleblowers.
How Nelsons can help
Laura Kearsley is a Partner in our expert Employment Law team.
If you would like any advice in relation to the subjects discussed in this article, please contact Laura or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.