The Rise of Whistleblowing:Why More Companies Are Investing in Nuanced Reporting Channels

In recent years, UK workplaces have seen a significant cultural shift towards whistleblowing, driven by high-profile cases such as the former nurse Lucy Letby, the broader #MeToo movement, and the Post Office scandal. These cases have highlighted the importance of protecting employees who raise public interest concerns, whether related to safeguarding, financial misconduct, or poor working conditions. Despite legal protections meant to shield whistleblowers from retribution, there is growing concern that these issues are increasingly being pushed to employment tribunals rather than being effectively addressed within organisations.

Dr. Jayne Chidgey-Clark, National Guardian for the Freedom to Speak Up for NHS England, recently voiced concerns over this trend. She pointed out that when whistleblowing cases end up in tribunals, it is often a sign that internal processes have failed. Tribunals, while potentially offering remedies for unfair treatment, do not have the authority to investigate the actual issues raised by the whistleblower, leaving many organisational problems unresolved.

So the fact that we’re seeing a 92% increase in whistleblowing cases ending up in tribunals isn’t necessarily a sign that the system is working.

This growing reliance on tribunals has significant implications for both employees and employers. For the individual whistleblower, the tribunal process can be lengthy, stressful, and emotionally draining. For organisations, it represents a missed opportunity to engage with and address serious concerns before they escalate into public legal disputes.

I believe that this is a key reason why, at InChorus, we’re seeing a growing number of companies looking to develop more holistic and robust speak up channels for managing concerns.

These channels are designed to ensure that a range of different issues are heard and acted upon swiftly and fairly, reducing the likelihood of cases being pushed to tribunals. This shift towards more sophisticated Speak Up channels reflects a broader recognition that addressing issues early and comprehensively is not only the right thing to do but also a strategic imperative in today’s workplace environment. As more companies adopt these practices in light of the Worker Protection Act, we may see a decline in the number of whistleblower cases reaching tribunals, as organisations become more adept at managing concerns internally and creating safer, more supportive work environments. Arguably, this could be a positive step.