Under certain circumstances, employees have legal protection if they make disclosures about the company for whom they work. These employees are commonly referred to as “whistle blowers” and their activities have often received wide publicity in the media. Legislation is in place to protect employees from suffering any detriment for whistle blowing.

Qualifying Disclosures

Certain disclosures are prescribed by law as qualifying disclosures. Disclosures are qualifying disclosures where it can be shown that in the reasonable belief of the worker making the disclosure:

• that a criminal offence has been committed, is being committed or is likely to be committed,
• that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject,
• that a miscarriage of justice has occurred, is occurring or is likely to occur,
• that the health or safety of any individual has been, is being or is likely to be endangered,
• that sexual harassment has occurred, is occurring or is likely to occur
• that the environment has been, is being or is likely to be damaged, or
• that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed.

The Procedure

If you wish you should in the first instance report any concerns you may have to the Company who will treat the matter with complete confidence. If you are not satisfied with the explanation or reason given to you, you should raise the matter with the appropriate organisation or body, e.g. the Police, the Environment Agency, Health and Safety Executive or Social Services Department. If you do not report your concerns to the Company, you may take them directly to the appropriate organisation or body.

We encourage you to use this procedure if you are concerned about any wrongdoing at work. However, if the procedure has been invoked in bad faith for example, for malicious reasons or in pursuit of a personal grudge, then it will make you liable to immediate termination of your employment or such lesser disciplinary sanction as may be appropriate in the circumstances.