Whistleblowing Clauses in Employment Contracts

Whistleblowing provisions protect employees who report wrongdoing and outline how concerns should be raised.

Legal Framework

Protected Disclosures

Workers are protected when disclosing information about:

• Criminal offences
• Breach of legal obligation
• Miscarriages of justice
• Danger to health and safety
• Environmental damage
• Deliberate concealment of any of the above

Key Requirements

The disclosure must:

• Be made to an appropriate person
• Be made in good faith (for compensation purposes)
• Be in the public interest (or reasonably believed to be)

Contract Provisions

Policy Reference Clause

"The Company has a Whistleblowing Policy which sets out how you can raise concerns about wrongdoing in confidence. You are encouraged to raise any such concerns through the channels described in that policy. A copy is available from HR."

Protection Statement

"The Company is committed to ensuring that no worker who raises a genuine concern in accordance with the Whistleblowing Policy suffers any detriment as a result. Any victimization of whistleblowers will be treated as a serious disciplinary matter."

Reporting Channels

"Concerns about wrongdoing should be raised through the following channels:

• Line manager (if appropriate)
• HR Director
• Company Secretary
• External whistleblowing hotline: [number]
• Where necessary, to external regulators"

Confidentiality and Whistleblowing

Interaction with Confidentiality Clauses

Confidentiality clauses cannot prevent protected disclosures:

"Nothing in this contract prevents you from making a protected disclosure within the meaning of the Employment Rights Act 1996. You are encouraged to raise concerns internally first, but may disclose to external bodies where appropriate."

Void Provisions

Any provision in a contract that:

• Prevents workers from making protected disclosures
• Requires them not to disclose information to regulators
• Penalizes them for whistleblowing

Is void and unenforceable.

Internal Reporting

First Step - Internal Reporting

"Where possible, concerns should first be raised internally. This allows the Company to investigate and address issues promptly. Internal reporting should be to:

• Your line manager
• A senior manager
• HR
• The designated Whistleblowing Officer"

Escalation

"If you feel your concern has not been adequately addressed internally, or if you believe internal reporting is inappropriate (for example, if senior management is involved), you may raise concerns externally with relevant regulators."

External Reporting

When External Reporting Is Protected

Disclosure to external bodies is protected if:

• Made in good faith
• Worker reasonably believes information is substantially true
• Worker doesn't make disclosure for personal gain
• It's reasonable to make disclosure in circumstances

Prescribed Persons

Workers can report to "prescribed persons" including:

• Health and Safety Executive
• Financial Conduct Authority
• Environment Agency
• Information Commissioner
• HM Revenue & Customs
• Relevant professional bodies

Protection from Detriment

Detriment Clause

"The Company will not subject any worker to detriment for making a protected disclosure. Detriment includes but is not limited to:

• Dismissal or threat of dismissal
• Disciplinary action
• Denial of promotion or training
• Reduction in pay or benefits
• Harassment or victimization"

Investigation of Claims

"Any allegation that a worker has suffered detriment for whistleblowing will be investigated thoroughly. Those found to have victimized whistleblowers may face disciplinary action up to dismissal."

Anonymous Reporting

Anonymity Clause

"The Company will make every effort to protect the identity of workers who raise concerns in confidence. However, in some circumstances, it may be necessary to reveal identity for investigation or legal purposes. The Company will discuss this with the whistleblower first where possible."

Anonymous Hotlines

"The Company provides an anonymous reporting line through [provider/number]. Reports made through this channel will be investigated, although anonymity may limit the Company's ability to investigate fully or provide feedback."

Investigation Process

Commitment to Investigate

"All concerns raised under the Whistleblowing Policy will be taken seriously and investigated appropriately. The Company will:

• Acknowledge receipt within [5] working days
• Investigate the concern thoroughly
• Keep the whistleblower informed of progress where possible
• Take appropriate action based on findings"

Record Keeping

Documentation

"The Company will keep appropriate records of concerns raised and investigations conducted, ensuring confidentiality is maintained. These records may be used to identify patterns of concern or assess the effectiveness of policies."

Training and Awareness

Manager Training

"Managers are trained to:

• Recognize potential whistleblowing concerns
• Handle disclosures appropriately
• Maintain confidentiality
• Protect whistleblowers from detriment"

Best Practice

For Employers

1. Have clear whistleblowing policy
2. Provide multiple reporting channels
3. Train managers on handling concerns
4. Investigate all reports seriously
5. Protect whistleblower identity
6. Take action on findings
7. Don't penalize whistleblowers
8. Review policy regularly

For Employees

1. Raise concerns through appropriate channels
2. Document your concerns
3. Use internal processes first where safe
4. Know your legal protections
5. Seek advice if unsure
6. Report victimization immediately