Legal Article - Employment Law

Making and Dealing with Complaints and Whistle Blowing

Employers should make it clear that it is both safe and acceptable for workers to raise any concern they may have about misconduct or malpractice in the workplace.

A procedure should be adopted that covers the following:

• a clear statement that malpractice is taken seriously in the workplace

• clear guidance as to which members of staff should be approached initially by workers

• respect for the confidentially of staff raising concerns

• define the specific circumstances where a worker may make an external disclosure

• how to treat any recommendations which may be made by the recipient of the information

• access to independent advice.

Where a protected disclosure has been made, employers should take all reasonable steps to try and ensure that no colleague, manager or other person under their control victimises the whistleblower.

Confidentiality clauses in severance agreements and contracts should be reviewed.

Employers should review the terms and conditions in their arrangements with contractors to ensure that those who work for them also have access to the employer’s whistle blowing policy.

Published: 27 May 2011

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