The Government has launched a review of the UK’s current whistleblowing framework.
THE FACTS
The Public Interest Disclosure Act (sometimes known as “PIDA”), the legislation that protects whistleblowers in the workplace, came into force twenty five years ago. Successive governments have since taken steps to strengthen and improve the protection given.
The Government has now launched a review of the UK’s whistleblowing framework with the aim of developing and reviewing the existing regime and reviewing whether the aims of PIDA are still being met. The review is taking place in the context of the sharp increase in whistleblowing disclosures received by the Care Quality Commission and the Health and Safety Executive during the Covid-19 pandemic.
This review, which will gather evidence from whistleblowers, employers, regulators and charities, will look at three key areas:
- who is covered by whistleblowing protections.
- the availability of information and guidance for whistleblowing purposes (both on gov.uk and that provided by employers).
- how employers and prescribed persons respond to whistleblowing disclosures, including best practice.
The review is timely in light of implementation by EU member states of the EU Whistleblowing Directive (to which the UK is not subject, following Brexit), which imposes more stringent obligations than those imposed by UK legislation. Some UK employers are already implementing these more stringent obligations into their policies and procedures.
WHAT DOES THIS MEAN FOR EMPLOYERS?
It seems likely that changes will be made to the current whistleblowing regime as a result of this review.
These changes may include (as called for by the whistleblowing charity, Protect): expanding whistleblowing protection to all those in the workplace; imposing an obligation on employers to respond to whistleblowers and investigate concerns raised; and greater access to justice for whistleblowers. It is also possible that UK legislation will move closer towards the requirements of the EU Whistleblowing Directive.
Government reviews whistleblowing laws - GOV.UK (www.gov.uk)
