How to get compliant with the Whistleblowing Law
āNot everything that someone perceives to be wrong is whistleblowing.ā
Thatās right. Whistleblowing is only when the concern is in the public interest. This means that the person reporting the wrongdoing believes it will affect others, i.e. their employer, customers or the general public.
So it tends to illegal, unethical, or harmful activity or behaviour that the āwhistle is blownā on. And the activity may be in the past, present, or going to happen.
You may also hear whistleblowing referred to as āraising the alarmā, āmaking a disclosureā or āspeaking upā.
What is not whistleblowing is when a complaint or grievance is personal. As opposed to something that negatively impacts others. This is when the issue is personal to the person reporting it, like a complaint about a colleagueās behaviour, being treated unfairly or a breach of employment rights. Usually handled under an employerās grievance procedure through the Human Resources (HR) department.
Internal is when submitting a report within the company in which the illicit activity is taking place. This may be via reporting channels such as an online portal, phone, voicemail or letter. Encouraging internal reporting helps organisations become aware of an issue and to act on it at an early stage.
External is when someone discloses misconduct elsewhere, such as to the media, police, or a government department. This may occur when there isnāt a way to report internally, or an issue hasnāt been followed up seriously. You may also hear it referred to as āraising the alarmā, āmaking a disclosureā or āspeaking upā.
It isnāt only current employees who report wrongdoing. Any person closely connected with an organisation can raise concern if they suspect wrongdoing. Such as past employees, customers, suppliers, job applicants, contractors and so on. Whoever it is, they must only do it in good faith.
In 2019 the EU put Directive ā2019/1937 on the protection of persons who report breaches of EU lawā into force. Its aim is to better protect the whistleblower, i.e. those who report breaches of union law in the workplace.
The Directive requires companies in the EU with over 50 employees to implement internal reporting channels. In fact, companies with over 250+ must have channels in place by the end of 2021.
Are you interested in learning more about a whistleblowing service and safe internal reporting channels? Read more about the EU Whistleblowing Directive here and at EUR-Lex.
Are you looking for a safe and secure whistleblowing solution? Read more here.
Would you like to discuss a whistleblowing system for your organisation?
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