30 years: Credit & banking
In this video, we have built upon our understanding of whistleblowing by exploring what specific protections are in place and who exactly they are aimed at, with a particular emphasis on maintaining whistleblowers’ anonymity.
In this video, we have built upon our understanding of whistleblowing by exploring what specific protections are in place and who exactly they are aimed at, with a particular emphasis on maintaining whistleblowers’ anonymity.
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8 mins 23 secs
Whistleblowing has a vast number of protections and legislation surrounding it. Legislative protections are far reaching, from employees to agency workers and freelancers. It is vital that firms and potential whistleblowers have a firm grasp of what is defined as a ‘protected disclosure’ as this will ensure that they have access to their full rights as a whistleblower. This requires a full understanding of how information should be disclosed, how to disclose to the correct party and legal frameworks surrounding anonymity.
Key learning objectives:
Learn what protections are in place for whistleblowers and who is protected
Understand what types of disclosures are protected
Recognise the legal frameworks around anonymity
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A whistleblower cannot be dismissed for making a “protected disclosure” i.e reporting on misconduct, or any other breach of legal or regulatory obligations within their firm. Employees are automatically protected from dismissal and both employees and non-employees are protected from any form of detrimental treatment resulting from their protected disclosure, such as victimisation or harassment.
Whistleblowing legislation and the protections it provides are not just available to the employees of a firm. LLP members, agency workers, freelancers and judicial office-holders are also covered. It’s important to note that a whistleblowing claim can be made from one’s first day of service at a firm. In other words, protection is a “day one right” that is not affected by probationary status.
The types of disclosures that are seen to be within the public interest tend to fall under the following categories according to section 43B of the 1996 Employment Rights Act:
The legal framework around disclosure, and regulators such as the FCA, have been clear that the confidentiality of a whistleblower is of the utmost importance. Reassurance from the FCA has included the promise that they will not confirm the existence of a whistleblower within an organisation when making enquiries within a firm unless they are legally obliged to do so. In the case of anonymity being compromised, whistleblowers can make a claim against their firm if they can prove that their protected disclosure has led to a detriment.
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