The Directors of J A Stott (Carpentry) Ltd encourages workers to use this procedure if there are any concerns about any wrongdoing at work.
Overview
Whistle blowing is when a worker reports suspected wrongdoing at work. Officially this is called ‘making a disclosure in the public interest’. A worker can report things that are not right, are illegal or if anyone at work is neglecting their duties, including:
• someone’s health and safety is in danger
• damage to the environment
• a criminal offence
• the company is not obeying the law (like not having the right insurance)
• covering up wrongdoing
How to ‘blow the whistle’
The way a worker can ‘blow the whistle’ on wrongdoing depends on whether they feel they can tell their employer. If they feel they can, they should contact their Line Manager or a Director about the issue they want to report. If they cannot tell their employer, they should contact a prescribed person or body (HSE-Environmental Health etc.). A worker can only tell the prescribed person or body if they think their employer:
• will cover it up
• would treat them unfairly if they complained
• has not sorted it out and they’ve already told them
Dismissals and whistle blowing
A worker cannot be dismissed because of whistle blowing. If they are, they can claim unfair dismissal and will be protected by law as long as certain criteria are met.
Types of whistle blowing eligible for protection
These are called ‘qualifying disclosures’. They include when someone reports:
• that someone’s health and safety is in danger
• damage to the environment
• a criminal offence
• that the company is not obeying the law (like not having the right insurance)
• that someone is covering up wrongdoing
Who is protected?
The following people are protected:
• employees
• agency workers
• people that are training with an employer, but not employed
• self-employed workers, if supervised or working off-site
A worker will be eligible for protection if they honestly think what they’re reporting is true and they think they’re telling the right person.
Who is not protected?
Workers are not protected from dismissal if:
• they break the law when they report something (e.g. they signed the Official Secrets Act) • they found out about the wrongdoing when someone wanted legal advice (‘legal professional privilege’) – e.g. if they are a solicitor
Workers who are not employees can’t claim unfair dismissal because of whistle blowing, but they’re protected and can claim ‘detrimental treatment’.
Tribunals
Workers dismissed for whistle blowing can go to an Employment Tribunal or an industrial tribunal. If the tribunal decides the employee has been unfairly dismissed, it will order that they are:
• reinstated (get their job back)
• paid compensation
A whistle-blower who is bullied at work will also be able to bring a claim to the Employment Tribunal against their employer or co-workers.
The Directors of J A Stott (Carpentry) Ltd will monitor and review the operation of this policy on an annual basis to endeavour that it remains relevant and appropriate to the company and will make available the statement, organisation and arrangements sections of the policy in prominent positions in the offices and workplace for inspection by all employees and other interested parties.
Signed:
Name: John Kane
Position: Construction Director
Date: 22/01/20