New proposals by politicians from across the political spectrum could force companies to investigate complaints that are much more diverse than they do now.
The government’s Employment Rights Bill will be amended next week by politicians, including former Justice Secretary and Conservative MP Sir Robert Buckland, and Labour life peers Margaret Hodge and Margaret Hodge.
Protect, a whistleblowing charity, is pushing for the amendment. It argues that Public Interest Disclosure Act of 1998 has become outdated.
The amendment will: increase the number of workers who can make protected disclosures, ensure that employers must meet certain standards and ease the burden on whistleblowers at employment tribunals to allow them to enforce their legal rights.
Whistleblowers are currently required to be workers or employees, make a disclosure, and have a reasonable belief that the concern is in the public’s interest.
The Public Interest Disclosure Act only protects them if the information they reveal is of public interest.
These “protected revelations” can include criminal offenses, health and safety concerns or environmental damage. They could also cover up wrongdoing, miscarriage justice, or cover-up.
The Employment Rights Bill, published last week, added sexual harassment as a disclosure that qualifies for protection. However, it did not go quite as far as some campaigners had wanted.
Buckland and Hodge, as well as Alistair Carmichael (the former Liberal Democrat cabinet minister), argue that this amendment will change the workplace culture for whistleblowers, and allow many more risks and harms to be identified earlier.
Hodge said that the time had come for employers of greater size to be forced to investigate whistleblowing allegations.
We have seen too many times how companies ignore difficult situations in the hope that they will go away. This, of course means the problem festers, and whistleblowers get demonised. The UK should lead the world with its whistleblowing laws, and not catch up to our European neighbors.”
Buckland stated that the move would be beneficial to the economy of the country: “An amendement along these lines would, not only be good business practices, but it would also support business growth.” Ignoring or being ignorant about problems will only demoralise workers and harm productivity. The amendment has the support of all the major parties. Therefore, there is no reason why the government should not accept it.”
Carmichael stated: “It is crucial to tackle issues such as institutionalised racism and bullying in the workplace by enshrining an obligation for employers. Ministers must seize this opportunity, the first since the Employment Rights Act of 1996, to protect whistleblowers. “Work must be a space of tolerance and not fear.”
Elizabeth Gardiner is the chief executive officer of Protect. She said that there was still a gap between the whistleblowing laws and preventing harm for people and country.
“When you speak out in the workplace, employers should have a duty to investigate. Protect’s Whistleblowing Advice Line reports that 40% of callers say they have been ignored when they speak up. They are ignored and their concerns disappear into a blackhole, preventing them from stopping harm.
This Employment Rights Bill is the vehicle to change, giving workers the confidence that if they raise the alarm and are legally protected by the law, there will be action taken.
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