HR departments play a key role in making sure that employees are aware of the internal process of whistleblowing and of the laws that are there to protect them. They are part of the robust foundation that ensures safety, transparency, and support within the workplace, where employees feel confident to report concerns without fear, knowing they are protected by their organisation and the law and that their wellbeing is a priority.
Whistleblowing fundamentally is about individuals raising concerns and making others aware when they believe that wrongdoing has occurred to themselves or others. It is the act of speaking up and raising awareness about these concerns, with the knowledge and assurance of internal HR policies and procedures as well as the law and regulations to protect them and to ensure the wrongdoing stops. The laws are in place to make sure that whistleblowers are safeguarded and protected from unfair treatment and repercussions like bullying, retaliation, or even unlawful dismissal because of their decision to report misconduct.
Within this post the exceptionally knowledgeable team of employment law specialists at Nationwide Employment Lawyers discuss the role of HR and how they can truly support and protect whistleblowers.
The Role of HR Within an Organisation
The role of HR within organisations is essential. It is there for the creation of clear and accessible channels, the management of all employee relations, to create a positive work environment, to ensure that policies and procedures are in place and to make sure that the organisation and the individuals who work there are being compliant with all employment laws. An HR department is there to manage recruitment, welcoming new people to the organisation and the onboarding process, performance management, and career development.
In addition to this, HR is also there to mitigate, address and work through workplace issues, conflicts, and to support employees and their wellbeing. The implementation of policies and procedures and the promotion of a healthy organisation and culture means that HR play a key role in the growth and development of the business but also of the staff that work there, their satisfaction and overall business success.
The role of HR in relation to whistleblowing claims is vital. HR is the foundation to the structure of employee protection. Trust from the employee lies in HR’s ability to implement clear policies, confidentiality, and safeguard whistleblowers from receiving unjustified retaliation. HR is there to make sure employees feel safe and supported when raising concerns regarding wrongdoings within the workplace.
Below, we discuss key areas that HR focuses on, including implementing clear whistleblowing policies, ensuring confidential reporting channels, instilling fair investigations, and protecting employees from retaliation to promote a culture of trust and transparency.
Clear Policies
It is the role of HR to create, establish, implement, and act on clear whistleblowing policies to support employees. They must communicate and make individuals aware of these policies in the first place, making sure employees know they have trusted and established confidential channels to report any wrongdoing they experience or witness. These policies need to be widely marketed within office environments and on online internal platforms and be easily accessible and understood across the organisation. Regular training sessions and reminders help reinforce their importance and this is the role of HR to ensure these take place and individuals attend, making sure that staff feel aware, knowledgeable, and confident. It is also the role of HR to review and update these policies when required so the business remains compliant.
Confidentiality
When it comes to individuals having the strength and courage to speak up regarding wrongdoing in the workplace, it is crucial that HR departments have robust systems in place to ensure confidentiality. These systems need to provide clear reporting channels, and protection. As an individual within an organisation who has witnessed or experienced misconduct on any level, it is critical they have the confidence in the systems that are in place and the knowledge there is in a safe and protected environment where they are and feel supported and confident in raising concerns.
Confidentiality agreements are something that the HR teams create and utilise. These are essential as they are used to protect the whistleblower’s identity. In addition to this, HR are also there to provide clear guidelines on maintaining privacy throughout the process and what procedures are in place to adhere to and follow these guidelines, These not only safeguard whistleblowers identification from others but also from retaliation. They also give the whistleblower confidence they are being protected fully and create a culture of trust where employees feel safe reporting acts of unethical behaviour.
Fair Investigations
If a whistleblowing claim is made, it is the role of the HR function to oversee the process from start to finish, ensuring concerns are addressed promptly and fairly and that all policies and procedures are followed. HR gathers all relevant information impartially of course and it is their role to make sure that both the whistleblower and the accused are treated fairly throughout the duration. An especially important role of HR is to ensure that the whistleblower is protected from retaliation, unfair treatment, bullying, or even dismissal during and after the investigation.
Culture of Transparency and Trust
Within this post we have talked a lot about the importance of HR departments creating a culture of transparency and trust when it comes to whistleblowing. Creating clear policies, offering confidential reporting channels, and regularly communicating these procedures creates a feeling and culture of safety and the confidence for individuals to speak out.
The Role of The Employment Rights Act 1996 is essential when it comes to providing protection for individuals who ‘blow the whistle’ on misconduct within the workplace. The Employment Rights Act 1996 provides the perfect protection for workers who raise concerns and make others aware of activity within the workplace that is fundamentally wrong. The Act is there to:
- Protect individuals from being dismissed
- Ensure that a whistleblower is not subjected to any bullying, isolation, or unlawful acts at work because of their disclosure
- Safeguard whistleblowers against unfair treatment in general
What if You Have Witnessed or Experienced Wrongdoing Within the Workplace?
If you have witnessed or experienced wrongdoing in the workplace, it is crucial to act. At Nationwide Employment Lawyers we suggest the first thing you do is report the issue through your company’s HR internal whistleblowing channels. If you are unsure of your rights or fear retaliation, then please contact an employment law specialist like Nationwide Employment Lawyers as they will provide essential guidance and support and help you every way they can.
Regardless of the industry you work in, if you have experienced wrongdoing within the workplace, we highly recommend you contact an employment law specialist to talk through your proposed claim. At Nationwide Employment Lawyers, we understand more than anyone that it can be incredibly stressful as well as time consuming when you are trying to deal with a potential case, so we are here to help you.
If you are unfortunate to have experienced personally or have been made aware of any wrongdoing within the workplace then please contact us as soon as possible.