What are the different types of whistleblowing?

• Internal whistleblowing: The most common form of whistleblowing is internal, where an employee reports wrongdoing to another party within the organisation. This process may be outlined in your employer’s whistleblowing policy. For the report to be handled effectively by your employer, it’s essential to consult and comply with this policy.
• External whistleblowing: Whistleblowing externally involves reporting the incident to sources outside the organisation such as a relevant prescribed body. When doing so, employees must reasonably believe that the malpractice falls within the remit of the organisation they are reporting to, for example, health and safety complaints can be made to the Health and Safety Executive.
• Cyber whistleblowing: This form of whistleblowing has evolved alongside the increased risk of security and storage of data online. These types of whistleblowing cases can involve security breaches, unsecure practices, encryption deficiencies, and being hacked.

It’s important to note that discovering wrongdoings in certain fields of work require specific channels and procedures. If you’re unsure of which route to take, our experts are here to advise you to ensure your report is managed effectively.

Slater and Gordon’s experienced solicitors are here to guide and support you throughout the whistleblowing process and advise on what legal protection you have. Call us on 0330 041 5869 or contact us online and we’ll call you.

What are the six types of whistleblowing?

Your qualifying disclosure must show one, or more, of the following types of malpractice with a reasonable belief that the act has taken place, is currently taking place or is likely to take place in the future.

The following examples of whistleblowing in the workplace qualify as a protected disclosure under the Public Disclosure Act 1998.

• A criminal offence – these are most likely to be financial and white-collar crimes, such as fraud, money laundering, tax evasion and embezzlement.
• Health and safety danger – your employer has a legal duty to provide a safe workspace, so it’s essential to report any instances where a health and safety breach has occurred or may place danger on employees in the future if not resolved.
• Risk or actual damage to the environment – there are numerous laws protecting our environment, wildlife and natural resources, yet some organisations may falsify compliance records such as environmental fines, the number of resources they extract from public land, or concealing misconduct such as ocean dumping and the endangering of wildlife.
• Miscarriage of justice – this may include actions such as concealing unfair dismissal or other employment law issues.
• The company is breaking the law – for example, violations of employment laws including working time regulations, minimum wage and discrimination, or issues that don’t directly affect employees such as your company not holding the right insurance.
• Someone is covering up wrongdoing - If you believe a person, or group of people, are involved in the deliberate attempt to conceal information regarding any of the malpractices outline above, you can also report this under the disclosure act.

What to do if you want to blow the whistle at work

To qualify as whistleblowing, you must be reasonably confident that one or more of the issues described above has or is likely to take place in future, and you must be able to provide information to evidence your assertion.

This is vitally important, as it your act of whistleblowing should not be mistaken as a personal grievance against your employer, including for reasons such as workplace bullying or discrimination. These issues are not covered by whistleblowing law, which means you would not be protected by the law and you would likely to subject to disciplinary action from your employer.

To blow the whistle at work, you should:

1. Identify the exact issue occurring (or likely to occur without action)
2. Gather the information related to this and evidence your assertion clearly
3. Determine who must be informed, and how confidential the information you have collected should remain
4. Make the disclosure to your employer, or a prescribed person

Considering whistleblowing can be daunting, but it can be a crucial step to take if you believe your employer is guilty of wrongdoing. If you’re unsure of how to start, or which route to take, our whistleblowing solicitors are on hand to provide the guidance and legal expertise you need.

Having handled numerous whistleblowing cases, our specialists can provide you with a clear understanding and continuous support throughout the process.