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Whistleblowing 

Updated December 18, 2017

This year there has been an explosion of sexual harassment stories in the media, with more and more industries coming under scrutiny as a result of the rising number of claims. ComRes are a leading research consultancy and have recently published a survey on behalf of the BBC called - Sexual Harassment in the Work Place 2017, it surveys UK adults around attitudes towards sexual harassment in the workplace. With the social media #MeToo campaign, starting a global discussion, highlighting the extent of sexual harassment, which ignores background, industry, gender etc., it feels as though everyone in some capacity has their own story to tell.

As a business owner or leader how are you ensuring that this is not happening in your organisation?

The best protection you can have are clear and well communicated policies that prohibits such behaviour in the workplace. These need to be actively promoted and embedded in to the culture of your company. In your workplace is there an open and transparent environment where people feel able to speak up and raise any concerns they may have?

If an individual, raised a concern today, how would your organisation respond?

Whistleblowing

In the current climate with everyone so aware of sexual harassment cases it seems an organisation without a robust whistleblowing policy could be opening themselves up to huge risk. The Public Interest Disclosure Act 1998, is a key piece of UK legislation protecting individuals who make certain disclosures in the public interest.

A grievance policy will need to be in place to handle personal complaints from an individual about harassment or discrimination. However, a whistleblower, can be someone, who is not necessarily directly affected by the danger or illegality (although they may be). They will raise concerns about danger or illegality that affects others through wrongful conduct of an employer, colleague, client, or another third party.

An employer with a clear whistleblowing policy provides their employees with a platform to raise concerns without fearing repercussions. All managers should be fully trained and clear on how to handle a whistleblowing case. When these are put in place the employer is less likely to face a claim raised by an individual, and the organisation will be better prepared to deal with a case efficiently and effectively, reducing the risk of mishandling it.

In the event of any malpractice, with the full support of management, correct policies and procedures being followed then tribunals are less likely to find it reasonable that an individual needed to make disclosures to an outside body.

From the outset of a concern being raised, good communication is vital throughout the process until it is resolved. All parties involved need to be updated of the progress, including the individual who initially raised the concern. It should be taken seriously and handled objectively whilst being properly investigated. Keep the investigation well documented including progress updates, any action taken and how the concern is resolved.

High profile scandals have a huge effect on public perception and can be extremely damaging to an organisation’s reputation, putting all these processes in place can really help to protect employers.

If you have already implemented or need to implement a whistleblowing policy, now is a good time to review it or do so.  For further information visit the following websites:

Acas

Whistleblowing: guidance and code of practice for employers

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