Requiring larger firms to investigate whistleblower claims would be good for workers and businesses
Lead campaigner on the Post Office Horizon scandal Alan Bates (Alamy)
Alex Sobel and Azeem Rafiq
3 min read
Anyone who has been, or supported, a whistleblower knows the playbook. The whistleblower is subject to smears, initially deemed a nuisance, and then attacked.
We have experienced this over the past four and a half years when exposing the racial harassment and bullying that have secretly scarred cricket for decades. No matter how many reports and investigations confirm the dark underbelly of the sport, no matter how many players apologise or admit to racist remarks or actions, cricket’s establishment will not accept its mistakes.
The popularity of cricket meant that the revelations attracted significant media attention, but other whistleblowers have exposed even greater miscarriages in their workplaces. Countless scandals could have been prevented or mitigated if whistleblowing complaints were properly investigated. These include the Post Office Horizon disgrace, the Grenfell fire tragedy and the collapse of Carillion.
The Employment Rights Bill offers an opportunity to overhaul how employers and colleagues treat both whistleblowers and the complaints themselves. An amendment, likely to be tabled at Report Stage, will put a duty on employers to investigate whistleblowers’ concerns.
At present, there are only after-the-event remedies for whistleblowers who are harmed, providing no help or guidance on how an employer should respond when a complaint is made. Proposed by the charity Protect, such a duty would guarantee a response from the employer. Around two-fifths of those who call Protect with whistleblowing concerns say they have been ignored at work.
A duty to investigate would make it easier to deal with vexatious complaints
There is strong evidence that whistleblowing is good for business. The Association of Certified Fraud Examiners has found that 42 per cent of fraud cases are uncovered by tip-offs – the majority from employees. The Institute of Directors has recommended that “all employers should be required to meet standards for whistleblowing and follow recognised procedures”.
We understand the importance of the presumption of innocence and that some claims will be without merit. A duty to investigate would make it easier to deal with vexatious complaints because it would require any whistleblower to have their claims thoroughly investigated through proper procedures. Such claims would be dismissed, minimising the risk of creating a toxic environment through gossip and innuendo. If a complainant is shown to have made claims they know to be untrue, they could be more easily found out and disciplined.
While it would be preferable for all legitimate whistleblowing concerns to be thoroughly investigated, it is clear this is an unrealistic short-term goal for smaller businesses. The burden would simply be too great.
It is better to mandate this proposal for larger firms of, for example, 50-plus employees or turnover of more than £10m. This would largely follow a European Union directive on whistleblowing. If any such employer fails to comply with the new law, workers would be able to bring an additional claim at a tribunal, resulting in an increase of 25 per cent in compensation granted.
Deputy Prime Minister Angela Rayner has rightly argued that the Employment Rights Bill will “deliver security in work as the foundation for boosting productivity and growing our economy”. It has also been good to see that strengthening whistleblowing protections concerning sexual harassment is a core aspect of the bill.
This amendment neither challenges nor diminishes any aspect of the bill. Rather, it complements and adheres to the principles of protecting employees and encouraging growth. The last major employment rights legislation was passed in 1996, nearly three decades ago. This, then, is a must-seize moment for our generation. The amendment will help ensure that the kind of problems we’ve seen at the Post Office, Carillion and in cricket do not develop into other such scandals, which damage so many lives.
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