When handling incoming whistleblower reports, organisations must approach the process with utmost care and attention to detail. Mishandling these reports can have serious consequences, including legal repercussions and damage to the organisation’s reputation. To ensure a proper and effective handling of whistleblower reports, here are key considerations to bear in mind when managing whistleblower report:
Ensure that:
- The company or organisation has established official reporting channels (both verbal and written) that all employees are aware of and proficient in utilising.
- Solutions are secure, anonymous, and readily accessible.
- The organisation’s whistleblower policy is easily accessible. Additionally, verify that all employees are familiar with the policy and the procedure for managing whistleblower cases within the organisation.
Remember to:
- Always treat the whistleblower with respect. Submitting a whistleblower report can be challenging for a loyal and valued employee, so express appreciation for their decision to uphold integrity.
- Approach the whistleblower report objectively. Refrain from forming preconceptions and strive to distinguish between facts and opinions.
- If the whistleblowing occurs verbally or during a physical meeting, allow the whistleblower to speak without interruption. You can seek clarification if necessary, but focus on listening without judgement and take thorough notes.
- Not all complaints constitute whistleblowing. Evaluate whether the issue is appropriate for the whistleblower channel or if it’s a personal grievance to be addressed by the company’s HR department.
- If the report requires further investigation, assign it to the appropriate person or department and allocate resources and expertise accordingly.
- Remind the responsible individual to provide feedback on the investigation to the whistleblower within three months. Discuss the type of feedback that is feasible.
- If the investigation does not support the whistleblower’s report, consider sharing the outcome with the reporter to facilitate acceptance of the result.
- Their identity will be kept confidential, although there may be instances where disclosing their identity is legally mandated.
- They have the right to seek independent legal counsel, such as from the company’s internal experts or through their union if they are a member.
- They have the right to be informed of the investigation’s outcome. In accordance with whistleblower laws, feedback should be provided within three months of receiving the report. However, please note that not all information may be shareable for valid reasons (e.g., sensitive information or third-party data).
- If the whistleblower experiences any form of retaliation within the organisation, they should be encouraged to report it promptly.
When managing whistleblower reports, avoid:
- Retaliating against employees who have chosen to submit a whistleblower report. The primary purpose of the EU’s whistleblower directive is to provide enhanced protection for whistleblowers against employer retaliation. National whistleblower laws includes provisions for damages against employers who violate this.
- Attempting to conceal or dismiss evidence of misconduct, unacceptable behaviour, or other issues uncovered in whistleblower reports. Ignoring a whistleblower is unlawful, and such actions can severely damage the company’s reputation.
- Even if you believe the report to be unfounded, refrain from reacting negatively to concerns regarding health and safety. It is essential for employees to trust that their health and safety are taken seriously.
In conclusion, managing whistleblower reports demands a delicate balance of transparency, confidentiality, and diligence. Organisations must prioritise establishing secure reporting channels and ensuring that their whistleblower policies are known and accessible to all employees. Treating whistleblowers with respect, objectivity, and confidentiality throughout the process is paramount. Promptly investigating reports, providing feedback within a reasonable timeframe, and safeguarding whistleblowers against retaliation are essential steps in fostering a culture of integrity and accountability within an organisation.
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