How to get compliant with the Whistleblowing Law
With the introduction of new whistleblower protection laws, organisations across Europe are updating or creating policies on whistleblowing, and implementing new whistleblowing systems.
The EU Directive rose out of a need for better protection of those who report wrongdoing and to encourage more people to come forward and report irregularities.
A challenge for organisations, however, is to implement a whistleblowing system that works in practice. To achieve this goal, there must be trust. In other words, a reliable whistleblowing system should be a natural part of a positive corporate culture.
Three areas to focus on to build a sense of trust among your employees when implementing a whistleblowing system are,
Let’s take a more in-depth look at why these are key factors in helping your whistleblowing system work.
The EU Directive requires that employees know of the different whistleblowing channels. But in the Open Public Consultation on Whistleblowing (EU, 2017), 42% of respondents said they did not know how or where to send a misconduct report.
Ensure your employees know that they can report wrongdoing and where to do this. Let them know what different reporting channels are available to them, and that they can make reports in whatever form they feel comfortable with.
It’s important to show the organisation understands that making a report can be difficult for an employee. Having open discussions about disclosing information and how it will be handled can help prove this.
Once the whistleblowing channels have been introduced, it’s important to explain why they exist, and what goals you hope to achieve with them. It may be for internal company goals, like “we want to know the problems, so we can do something about them”, or reference to laws and regulations, e.g. “we take whistleblower laws seriously”.
Also let everyone know that the company or organisation is careful to follow the law, protect its employees and do the right thing.
Employees must feel secure and have confidence in the organisation’s whistleblowing process.
About 80% of employees do not report wrongdoing because they are afraid of legal and financial consequences.
Being clear with your reasons for internal whistleblowing, and how the organisation will handle reports, will help build trust among employees. Highlight the fact that the EU Whistleblower Directive and national legislation are there to protect whistleblowers from disciplinary actions.
The most important issue when it comes to trust is the possibility for a whistleblower to be anonymous, and for their identity remain protected throughout the process.
When implementing a whistleblowing system, make sure it is secure and highlights what measures have been taken to protect personal data. Also check if the system allows for anonymous two-way communication with the whistleblower.
It’s also important to create a transparent process so everyone in the organisation knows how to handle reports, carry out investigations, and if and what the consequences are.
Reading tip > How to encourage employees to report misconduct
Finally, there should be control systems in place to prevent a whistleblower from being retaliated against. If retaliation does occur, sanctions should be imposed on the perpetrator. It sends a powerful message that such behavior is not acceptable and that the person who chooses to report will be protected by the system.
You must investigate all reports as soon as possible, and take necessary measures.
30% of employees choose not to report misconduct because they do not think it changes anything.
The way an organisation handles reports is crucial to how well the system works. Employees must trust that a report is answered promptly, and action will be taken.
The EU Whistleblowing Directive specifies that a whistleblower must receive confirmation of the report being received within seven days. Feedback must be provided within three months.
Special emphasis must be placed on ensuring that no one is subjected to retaliation. This not only apply to the whistleblower, but also witnesses or other persons involved in the investigation. Make sure that everyone in the report is protected by anonymity.
Response is also about adapting and continuously improving the whistleblowing system. It’s important to evaluate how effective the system is and spot trends that management can act on. It’s not the number of whistleblowing reports that is important, but deviations from the norm.
Remember that a good whistleblowing system protects both employees and the organisation. Capturing misconduct through a secure reporting channel, that employees know about and trust, allows oganisations to investigate reports in a safe and structured way.
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