WHISTLE-BLOWING INCREASES IN VOLUME
Protect (the whistleblowing charity) has announced a 23% increase in calls to its advice line in 2023 compared with 2022. The largest percentage of calls (42%) came from the private sector, with the rest being made up of public sector (24%) and charity sector (23%) calls.
Whistleblowing was, of course, in the news in 2023, not least as a result of the government announcing a review of the whistleblowing framework in March 2023, which may have contributed to the increase in calls which Protect has observed. Indeed, HR Matters readers will recall that Horsfield Menzies sponsored WhistleblowersUK’s Whistleblowing Awareness Week last year, See Here which strongly advocated for the government review and the implementation of new legislation. The evidence gathering stage of the government’s review was due to conclude in the Autumn of 2023. However, no updates have yet been published regarding the outcome of the review.
It is our experience that the mere mention of the word ‘whistleblowing’ can fill some employers with dread. However, the team at Horsfield Menzies remains convinced that embracing a culture of whistleblowing is good for business. A well-drawn up and properly implemented policy will encourage workers to speak up about concerns at an early stage which will enable management to nip issues in the bud and potentially avoid more serious breaches; it will make it less likely that a worker will report their concerns externally (e.g. to the press); and it should help to contribute to the creation of a safe working space and improved overall workplace culture.
Perhaps the biggest fear for employers is how to effectively investigate and respond to a whistleblowing concern. Here are a few helpful tips:
Complaints should be investigated promptly. This is important so that any delay does not create further grounds for complaint and to ensure that relevant evidence is collected before it is destroyed.
An investigator or team of investigators should be appointed. This should involve staff who have been trained to conduct investigations, or a suitably qualified external investigator. Barristers and solicitors are often appointed but, in our experience, they don’t always make the best investigators as they are often not properly trained in suitable investigation techniques. This is why we have partnered with Intersol Global for workplace investigations www.intersolglobal.com
It is often appropriate to investigate in two stages: first, to determine whether there is any evidence of the alleged wrongdoing (without focusing on individual culpability) and, second, if required, to investigate the people involved to determine who is responsible and whether a separate disciplinary procedure should be commenced.
Inevitably there will be occasions when a worker has simply misunderstood matters or is motivated by a personal grievance. In these cases, the Whistleblowing Officer may be able to avoid a prolonged investigation by meeting with the reporting party to put their concerns in context and explain the relevant facts.
Reporting back to reporting parties will assure them that their concerns are being taken seriously and may prevent them going external.
There should be an escalation process where the reporting party is not satisfied with the investigation or its outcome.
This is all well and good. But how can you be sure that your whistleblowing policy is working effective? Here are a few steps to consider:
Keep records of disclosures received, and the outcome. This is vital to ensuring that all allegations are investigated in a timely manner and the necessary actions are taken. A high volume of reports of non-compliance may feel discouraging but, at the same time, it may indicate that the strategy is effective and that people feel empowered to speak up.
Conduct periodic audits of the whistleblowing arrangements.
If you publish an annual report, consider including information about the effectiveness of the whistleblowing arrangements, including the number and types of concerns raised.
In larger organisations, staff surveys can be a useful way of gathering feedback on the effectiveness of the whistleblowing policy and training initiatives.
We anticipate that the noise made by whistleblowers is only going to get louder over the next few years. Instead of putting your fingers in your ears, why not try to get them playing to your tune? If you need help or support with anything whistleblowing related, please contact one of the experts at Horsfield Menzies.