9 Ways To Measure The Success Of Your Whistleblowing Program

The UK’s Public Interest Disclosure Act 1998 (PIDA) was pioneering legislation when enacted in 1998 - it was one of the first pieces of whistleblowing legislation in the world. While PIDA has been an important foundation for whistleblower protection in the UK, it has limitations that have become increasingly apparent in recent years. In response to the shortfalls of PIDA, the UK Government has committed to reviewing and reforming whistleblowing legislation, with a focus on strengthening the protections afforded to whistleblowers. In this article, we explore the challenges with the current legislative framework and what changes are being proposed by the UK Government.

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How does PIDA currently work?

PIDA provides employment protections for employees who make a ‘protected disclosure’ in the public interest. A protected disclosure is a disclosure of information that the worker reasonably believes to be in the public interest and which is made to a relevant person, such as an employer, a government department, a regulator, or a legal adviser. A protected disclosure can also be made to the media, but only in limited circumstances.

PIDA’s protections are available to workers who make a protected disclosure and who are subjected to a detriment as a result. The protections include the right to bring a claim in an employment tribunal and to seek compensation. However, these protections have been criticised for being inadequate, as they do not provide sufficient protection from retaliation.

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What are the key issues with the current framework?

There are a number of key issues with the current legislative framework for whistleblowing in the UK. Firstly, PIDA only provides protections for employees, not for other types of workers, such as independent contractors, agency workers, or members of the public. This means that many people who may have important information about wrongdoing are not protected by the law.

Secondly, PIDA only provides protections for disclosures that are made in the ‘public interest’. This means that disclosures that are made in the private interest of the whistleblower, or which are made to a person who is not in a position of authority over the person making the disclosure, are not protected. This can make it difficult for people to know when they are entitled to protection under PIDA.

Thirdly, PIDA does not provide sufficient protection from retaliation. The law provides the right to seek compensation, but only if the person making the disclosure can prove that they have been subjected to a detriment as a result of the disclosure. This can be difficult to prove, particularly if the employer takes subtle or indirect actions to retaliate against the whistleblower.

Finally, PIDA does not provide for the independent oversight of whistleblowing. There is no independent body that is responsible for overseeing whistleblowing in the UK. This means that there is no one to ensure that employers are complying with PIDA, and that whistleblowers are being protected. 

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What is the UK Government proposing?

In October 2023, the UK Government published a call for evidence on the existing whistleblowing framework in the UK and invited comments on how it should be reformed. The government received over 1,500 responses to its call for evidence, which it published in October 2023. The government has also committed to publishing a formal consultation on the reform of whistleblowing legislation in the UK.

The UK Government is considering a number of potential reforms to the whistleblowing framework in the UK. Among others:

• Definition of ‘workers’: The government is considering extending the definition of ‘workers’ under PIDA to include a broader range of workers, such as independent contractors, agency workers, and other non-employed workers. This would provide a broader range of people with the protections afforded by PIDA.
• Mandatory internal reporting: The government is considering introducing mandatory internal reporting requirements for organisations, similar to the requirements under the EU Whistleblowing Directive. This would require organisations to have internal reporting channels in place and to provide whistleblowers with the right to make a report to an independent person within the organisation.
• Independent oversight: The government is considering establishing an independent body to oversee whistleblowing in the UK. This body would be responsible for investigating complaints about the treatment of whistleblowers and for enforcing compliance with whistleblowing legislation.
• Anonymous reporting: The government is considering requiring organisations to offer anonymous reporting channels as part of their internal reporting systems. This would make it easier for people to report concerns without fear of retaliation.

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What should organisations do now?

Given the imminent reforms to whistleblowing legislation in the UK, it is important for organisations to review their whistleblowing systems and policies to ensure that they are fit for purpose. In particular, organisations should consider:

• Reviewing existing whistleblowing policies and systems: Organisations should review their existing whistleblowing policies and systems to identify any gaps or areas for improvement. This review should include an assessment of the effectiveness of the existing system and any areas where improvements can be made.
• Implementing anonymous reporting channels: If not already in place, organisations should consider implementing anonymous reporting channels to make it easier for employees to report concerns without fear of retaliation.
• Providing training and guidance: Organisations should consider providing training and guidance to employees and managers on the organisation’s whistleblowing policies and systems, and on the legal protections afforded to whistleblowers under PIDA.
• Engaging with employees: Organisations should engage with employees on the subject of whistleblowing to raise awareness of the organisation’s whistleblowing policies and systems, and to foster a culture of openness and transparency.

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Conclusion

The UK’s whistleblowing legislation is in need of reform. The current framework has significant limitations that have become increasingly apparent in recent years. The UK Government is considering a number of potential reforms to the whistleblowing framework, including extending the definition of ‘workers’ under PIDA, introducing mandatory internal reporting requirements, and establishing an independent oversight body. Organisations should review their whistleblowing systems and policies to ensure that they are fit for purpose, and should consider implementing best practice whistleblowing systems in advance of any legislative changes.