Whistleblowing is becoming more common, but many organisations still fail to handle it effectively. Dispute resolution expert Paul O’Donnell argues that managers need better training to distinguish between grievances and whistleblowing, protect staff from retaliation, and build healthier workplace cultures. Otherwise organisations risk mistrust, reputational damage, and costly legal consequences.
The Alan Turing Institute suddenly became front page news in August after staff went public with claims of poor leadership, a ‘toxic culture’, and fears of funding being withdrawn.
Even though the UK’s Public Interest Disclosure Act (PIDA) has been in force for 27 years now, imposing clear legal guidance and protection for whistleblowers exposing illegal or potentially damaging practices, it’s debatable whether there’s yet a full understanding or appreciation of the status of the whistleblower.
There’s a training and development gap that’s being exposed by each new whistleblowing case
The people profession, and managers more generally, can still be guilty of apathy and confusion, when the Act is very clear; employees are wholly entitled to speak out, and need to be given every protection from threats of dismissal and attempts to silence them. In other words, there’s a training and development gap that’s being exposed by each new whistleblowing case.
A more common issue
Whistleblowing has become more common in the wake of a change to workplace culture: the cumulative result of more high-profile sexual harassment and bullying cases, and an erosion in the levels of trust in large areas of senior leadership. Employees feel in a stronger position, that they have a moral right to speak up in negative ways about their employer. They are entitled to speak out, and need to be seen to be given protection from threats of dismissal and attempts to silence them when they have grounds to whistleblow.
The grounds could be anything from highlighting a criminal offence, a failure to comply with laws, or a miscarriage of justice, to risks to health and safety and environmental damage. Quite reasonably, employees shouldn’t be gagged by organisations and individuals more interested in their reputations than justice and the public good.
Best of intentions
It’s important that line managers understand the differences between agitation, grievances and whistleblowing. There can be a fine line, but that’s not going to be a very strong excuse in court when there’s evidence of a lack of attention to the details. In particular there needs to be an understanding in terms of what whistleblowing means or is likely to look like in the sector they’re working in.
Employees are able to argue that they have experienced a ‘detriment’ to their careers as a result of whistleblowing, of not being listened to. All that needs to be established is that the employee has reasonable intentions, there’s no malice involved — and am Employment Tribunal gets to decide on this, not the employer.
Whistleblowing training is important for managers
In the first instance, worries are raised directly to managers — but the response from those managers tends to vary hugely, creating potential risks for your organisation. Managers should feel confident and able to handle the whistleblowing issue confidently; including dealing with the individual’s concerns about potential repercussions to them personally from raising/whistleblowing an issue.
Managers can also create the kind of environment that defuses the negativity of whistleblowers and turns grievances into constructive insight and engagement. With line manager guidance, employees can be supported through options like mediation or counselling, as well as coaching and mentoring. Staff who access support while going through a whistle-blowing process are then better able to return to their original position, transfer, or leave the organisation as painlessly as possible, if this is the mutually agreed approach.
Internal whistleblowing champions
Appointing a whistleblower ‘guardian’ is good practice for all large employers to champion and take a lead on being responsible for the whistleblowing process and dealing with the issues raised. Again, this relies on training, development and assistance for the key person. They must have the authority and autonomy to report to the Chief Executive on the issue of the concerns raised and:
- Oversee and regularly review the whole whistleblowing process
- Ensure policies are robust, and that staff are listened to and supported
- Get managers are trained
- Deal promptly and effectively with issues
- Feed learning back to the business and apply changes
- Monitor the whole process and review for areas of improvement
Employers should be carrying out thorough investigations into the issues at the heart of the situation. These can be complex, requiring skilled and trained investigators in a position to organise and carry out an investigation quickly and in line with professional standards.
Organisation culture
What organisations need to focus on most of all is a culture of healthy conversations. Whistleblowing only happens when a culture has gone wrong, when people feel they’re not or won’t be listened to.
They’ve tried the informal routes and were blocked or ignored. They’re worried about the repercussions and how attitudes to them will change. When organisations ignore staff who have concerns, situations only ever fester into disillusion, gossip, and conflict.
Paul O’Donnell is Managing Director at CMP
