Whistleblowing: Things to consider before you blow the whistle  

Whistleblowers are doing society a great service when choosing to blow the whistle on misconduct in the workplace. ‘Misconduct’ could range from fraud and illegal activities to serious negligence. Up to 42% of all corporate fraud is uncovered thanks to a tip from a whistleblower! Whistleblowing can also have major consequences and it is important to fully understand the implications of being a whistleblower. Therefore, we encourage you to read our tips with items to consider before choosing whistleblowing.

If your actions are justified, you will be protected by the EU Directive on Whistleblowing, as well as national laws on the protection of whistleblowers.   

Things to consider when whistleblowing:

1. Know that whistleblowing is the right thing to do 
2. Make sure your information is correct (and that you are acting in good faith) 
3. Keep in mind that whistleblowing is about misconduct as it relates to greater public interest 
4. Primarily use the organisation’s internal reporting channels 
5. Remember that whistleblower laws will protect you from retaliation 

1. If you are considering whistleblowing, you are doing the right thing 

Perhaps the biggest reason people decide to blow the whistle is knowing that they have done the ‘right thing.’  Exposing fraudulent activity means the organisation or government can recover lost funds or improve the safety and wellbeing of others.  

Unfortunately, whistleblowing can also have negative consequences for the individual (or individuals) who blow the whistle. In recent years, there have been many examples of employers retaliating against individuals who reported misconduct within an organisation. 

The EU Whistleblower Directive and national whistleblower laws will provide protection of whistleblowers so they can report misconduct with confidence.  

Reading tip: 7 examples of workplace misconduct 

2. Your information must be correct, and you must be acting in good faith  

Whistleblowing often concerns illegal activities, corporate negligence, health, environmental, safety issues or malpractice. If you have credible information about wrongdoings, you can submit a whistleblower report regardless of whether the events have already happened, are currently happening or may happen in the future.  

Your role is not to conduct the investigation or collect evidence, but to report what you observed or witnessed. If you had good reason to believe that your information was true at the time of reporting, you will be protected by the EU Whistleblower Directive. 

Reading tip: What is and what isn’t whistleblowing 

3. Whistleblowing: Misconduct of greater public interest 

An internal whistleblowing channel is not the right place for personal complaints or false allegations. Things to consider for whistleblowing are illegal activities, or misconduct that can negatively affect others. Personal complaints that, for instance, relate to the work environment, employees, working hours or legal contracts should be raised with your manager or the company’s HR section. The EU Whistleblowing Directive will only offer protection for individuals reporting misconduct of greater public interest.  

4. When you choose whistleblowing, primarily use the organisation’s internal reporting channels 

The organisation should have a whistleblowing policy that explains how to submit a report and clearly outlines the process. Assuming a secure and confidential whistleblowing system has been implemented, always use it first. If you tried to report internally first, and have received no response or nothing changed, then you might choose to report externally. In either case, you will be protected by the EU Whistleblower Directive. Each member state within the EU must have one or more designated authorities you can turn to for external reporting. 

Reading tip: 6 tips for creating a whistleblower policy 

5. The EU Whistleblowing Directive: Protection from retaliation 

Provided you acted in good faith when you made your report, you will be protected by the law. The EU Whistleblower Directive offers protection not limited to the whistleblower, but also anyone that helped and supported him or her. The law requires that reports be treated confidentially, and whistleblowers must be protected from any type of retaliation or negative consequences after submitting a whistleblower report. You may also be entitled to compensation if the employer violates the Whistleblower Directive (depending on national whistleblowing laws in your country). 

Also read: National whistleblowing laws in the European Union  

Would you like to discuss a whistleblowing system for your organisation? Please book a free demo!