New whistleblowing rules introduced

The law on whistleblowing is changing with the introduction of a “public interest test”. From 25 June, any worker blowing the whistle will have to show that they reasonably believe that the disclosure they are making is in the public interest.

However, the effect of the public interest test as an additional layer of complexity, has been reduced by the removal of the test of good faith (that is, motive) from the liability to the remedy stage of whistleblowing hearings and there being a maximum reduction of 25% where bad faith is found, the whistleblowing charity Public Concern at Work said.

Protection will be extended to situations where workers are bullied and harassed by co-workers. Similar to the Equality Act 2010, the amendment will introduce personal liability for co-workers who victimise whistleblowers. Employers can then be held vicariously liable unless they can show that they took reasonable steps to prevent victimisation.

www.pcaw.org.uk/files/ERRB%20gets%20Royal%20Assent%20PDF.pdf