Introduction.

 

The Whistleblowing Commission Code of Practice, published in 2013 by Public Concern at Work (now known as Protect), represents a significant milestone in developing whistleblowing practices in the United Kingdom and beyond. While not legally binding, this comprehensive document has become a widely recognized benchmark for good practice in organizational whistleblowing procedures. The Code aims to foster a workplace culture of openness and accountability, protect those who speak up about wrongdoing, and provide organizations with a framework to handle whistleblowing effectively.

 

Summary.

 

The Code of Practice outlines a series of recommendations designed to create robust whistleblowing systems within organizations. These recommendations cover various aspects, from policy development and staff training to the practical implementation of reporting channels and the protection of whistleblowers. Key areas addressed include establishing clear whistleblowing policies, comprehensive training programs, diverse reporting channels, confidentiality measures, feedback mechanisms, and regular review processes. The Code also emphasizes the importance of board-level oversight, protection against retaliation, and transparency in whistleblowing procedures.

 

Detailed Explanation.​

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Written Whistleblowing Policy: The Code emphasizes the critical importance of having a comprehensive, written whistleblowing policy. This policy serves as the foundation of an organization's approach to whistleblowing and should include:

1. A clear definition of whistleblowing, distinguishing it from personal grievances or complaints

2. Examples of the types of concerns that can be raised, such as financial malpractice, health and safety risks, environmental damage, or criminal activities

3. A step-by-step guide on how to raise concerns, including the available reporting channels

4. An explanation of how the organization will handle and investigate reports

5. A strong statement of the organization's commitment to protecting whistleblowers from retaliation

6. Information on external reporting options, such as regulatory bodies or law enforcement agencies

7. The roles and responsibilities of key personnel involved in the whistleblowing process

 

The policy should be written in clear, accessible language and be easily available to all employees, contractors, and other relevant stakeholders.

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Training for Staff and Managers: The Code recognizes that effective whistleblowing procedures require well-informed employees and managers. It recommends comprehensive training programs that should cover:

1. The concept of whistleblowing and its importance in maintaining ethical practices

2. How to identify potential wrongdoing or malpractice in the workplace

3. The organization's whistleblowing policy and procedures

4. The various channels available for reporting concerns

5. The rights and responsibilities of whistleblowers

6. How to handle whistleblowing reports (for managers and designated recipients)

7. The importance of confidentiality and how to maintain it

8. The organization's non-retaliation policy and how it's enforced

9. Case studies or scenarios to illustrate the whistleblowing process in practice

 

All new employees should receive training during their induction, and refresher courses should be offered regularly to existing staff. Managers should receive additional training on creating an open culture that encourages speaking up.

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Range of Reporting Channels: To make whistleblowing as accessible as possible, the Code recommends offering multiple channels for reporting concerns. These may include:

1. Line management: Encouraging employees to raise concerns with their immediate supervisors when appropriate

2. Dedicated whistleblowing hotlines: Toll-free phone numbers staffed by trained personnel

3. Online reporting systems: Secure web portals or email addresses for submitting reports

4. Designated whistleblowing officers: Specific individuals within the organization trained to receive and handle reports

5. External reporting options: Information on how to report to relevant regulators or law enforcement agencies if internal channels are inappropriate or ineffective

 

Organizations should ensure that these channels are well-publicized and easily accessible to all potential whistleblowers, including those who may not have regular access to company communications.

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Ensuring Confidentiality: Confidentiality is crucial in encouraging individuals to come forward with concerns. The Code recommends:

1. Implementing secure record-keeping systems to protect the identity of whistleblowers

2. Limiting access to whistleblowing reports to only those directly involved in handling them

3. Providing specific training on confidentiality protocols for staff handling reports

4. Clearly communicating the limits of confidentiality, such as when disclosure might be required by law

5. Offering anonymous reporting options while explaining their limitations

6. Developing protocols for handling situations where the whistleblower's identity might become known during an investigation

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Providing Feedback to Whistleblowers: The Code recognizes the importance of keeping whistleblowers informed about the progress of their reports. It recommends:

1. Promptly acknowledging receipt of all reports, ideally within 48 hours

2. Providing regular updates on the investigation process, even if detailed information cannot be shared

3. Informing the whistleblower of the outcome of the investigation, where appropriate and legal

4. Explaining any actions taken as a result of the report within the bounds of confidentiality and legal constraints

5. Seeking feedback from the whistleblower on their experience of the process

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Regular Review and Audit: To ensure whistleblowing arrangements remain effective, the Code recommends periodic assessment and improvement:

1. Reviewing the whistleblowing policy annually or when significant changes occur in the organization or regulatory environment

2. Analyzing data on whistleblowing reports, including types of concerns raised, investigation outcomes, and trends over time

3. Seeking feedback from employees on their awareness and perception of the whistleblowing process

4. Conducting independent audits of the whistleblowing system, potentially by external experts

5. Benchmarking against best practices in the industry or sector

6. Implementing improvements based on the findings of reviews and audits

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Board Oversight: The Code emphasizes the importance of top-level commitment to effective whistleblowing procedures:

1. The board of directors or equivalent governing body should have explicit oversight of whistleblowing arrangements

2. Regular reports on whistleblowing should be provided to the board, including statistics on reports received, outcomes, and any significant issues

3. A non-executive director should be designated as the whistleblowing champion at the board level

4. The board should review the whistleblowing policy and its effectiveness annually

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Protection Against Retaliation: The Code strongly emphasizes the need to protect whistleblowers from any form of retaliation:

1. Clear policies prohibiting retaliation against whistleblowers should be in place

2. These policies should define retaliation broadly, including subtle forms such as exclusion from meetings or training opportunities

3. Procedures for reporting and investigating alleged retaliation should be established

4. Disciplinary measures for those found to have retaliated against whistleblowers should be clearly stated and enforced

5. Support mechanisms for whistleblowers who experience retaliation should be provided

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Transparency: The Code encourages organizations to be as transparent as possible about their whistleblowing procedures:

1. Publishing the whistleblowing policy on the organization's website and intranet

2. Providing regular updates to all staff on the whistleblowing system and its effectiveness

3. Publishing anonymized data about the number and types of reports received and their outcomes

4. Sharing case studies (appropriately anonymized) to demonstrate the positive impact of whistleblowing

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Extending Protection: The Code suggests that whistleblowing policies should have a broad scope:

1. Covering not just employees but also contractors, agency workers, volunteers, and other stakeholders

2. Extending to concerns about past, present, and future wrongdoing

3. Including wrongdoing observed in client organizations or supply chain partners

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Impact and Influence.

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While not legally binding, the Whistleblowing Commission Code of Practice has significantly impacted organizational practices and policy development. Many organizations use it as a benchmark for developing or improving their whistleblowing procedures. It has also informed subsequent legislation and regulatory guidance on whistleblowing in the UK and internationally.

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The Code's publisher, Public Concern at Work (rebranded as Protect in 2018), continues to be a leading voice in whistleblowing advocacy and support. Their work, including developing and promoting this Code, has been instrumental in shaping the landscape of whistleblowing protection and practices in the UK and beyond.

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Conclusion.

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The Whistleblowing Commission Code of Practice provides a comprehensive framework for organizations to establish effective whistleblowing procedures. By following these recommendations, organizations can create an environment where employees feel safe to speak up about wrongdoing, ultimately contributing to a more ethical and accountable workplace culture.

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