What is 'whistle blowing?

Whistle blowing is a colloquial term for disclosing wrong doing in your organization. The law protects workers from being retaliated against by their employer if they make a 'protected' disclosure.

The Public Interest Disclosure Act sets out the circumstances in which a disclosure of wrong doing or malpractice will be protected. The worker must have a reasonable belief that there is some malpractice and the disclosure be made in good faith.

Examples of the type of malpractice which is covered by the Act include:

• criminal offences
• non compliance with the law
• miscarriage of justice
• danger to health and safety
• environmental damage

The law gives workers the right not to be subject to any detriment for disclosing information in the public interest, if this is done in the proper way. Normally a disclosure should be made internally, to the employer. If your employer has a whistleblowing policy or confidential reporting policy, use this to report your concerns. If you feel that you have to report your concerns outside the organisation, for example you have tried to raise them internally but they have been ignored, or you have good reason to believe that malpractice would simply be covered up by your employer, check whether there is a 'prescribed' regulator who covers the malpractice you are worried about. Prescribed regulators are those specifically listed under the Public Interest Disclosure Act to investigate concerns about corporate wrong doing and a list of them can be found at www.dti.gov.uk.

If you are unsure whether or how to report a concern about malpractice, you can contact the charity Public Concern at Work for free confidential advice: www.pcaw.org.uk.

Workers who knowingly make false allegations of malpractice will not be protected by the Act and are likely to face disciplinary action from their employer.

If you believe you have suffered a detriment as a result of making a protected disclosure (e.g. you have been disciplined or are being bullied or ostracised by your colleagues), you can complain to an Employment Tribunal. However, remember that before bringing a tribunal claim, you must first use your employer's grievance procedures to complain about the detriment. Seek the help of your union if you are a member.