Changes to whistleblowing effective today (25 June 2013)

Some important changes to whistleblowing laws have been brought into force today:

  • To be protected in a whistleblowing scenario, a worker must now reasonably believe that their whistleblowing is in the public interest.  Previously workers  might have taken a whistleblowing claim based on, for example, an allegation that related to their own employment terms and conditions.
  • There is no longer a requirement for whistleblowing to be in good faith. However, if an Employment Tribunal considers that a disclosure has been made in bad faith, it may reduce any compensation awarded to the worker by up to 25%.
  • An employee may be personally liable where he or she victimises a worker who has blown the whistle and an employer may be liable for that victimisation if the employer has not taken all reasonable steps to prevent it.