Protected Disclosure Act - Whistleblower

On 1 July 2022 the new Protected Disclosure Act will come into effect. For some organisations this will mean updating your current Whistleblower policy and process to reflect the new Act and the changes. For others it provides an opportunity to introduce an independent avenue for your people to raise concerns (or more traditionally known as “Whistleblower”) where they are protected.

Why has it been updated?

The 2000 Protected Disclosure Act had a review as it was not easily understood, not used very often and people did not trust the protections that would apply. 

What are the changes?

As a result of the review a number of changes have been made:

·         The Act is a lot easier to read and understand. It includes a flow chart for an individual to understand the process.

·         They have extended the definition of serious wrongdoing and provided more detail.

·         Behaviour that is a serious health or safety risk to an individual (this includes sexual harassment and bullying) is also included in the definition of serious wrongdoing.

·         Disclosers can report to an appropriate authority at any time instead of having to go through the internal process first.     

·         The new Act provides guidance on the process for disclosers and receivers, which also includes the obligation to keep the discloser updated.

·         It also makes it clear that those who provide information, perhaps in support of the disclosure, is also provided protection under the Act.

 

There are some other changes that employers should familiarise themselves with before the Act comes into effect (particularly those in the Public sector). For more detailed information click here.

Whether you are a small or large business, having a safe and confidential channel for your people to voice their concerns is always a good idea. If you’re wanting to know more about how you could implement something into your business, wanting help to update your current policy, or help to upskill your team on the changes then reach out to us here at ColourHR.

Nicole Francis

Nicole Francis is an HR consultant and co-owner of ColourHR.

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