What stage has the legislature reached in implementing the Whistleblowing Directive? If not already implemented, when is it expected or planned that the required legislation will be passed?
As a result of the UK’s departure from the European Union, the UK government has confirmed that it does not propose to adopt the Directive into UK law. The EU has noted that the UK already has comprehensive legislation in place to protect whistleblowers, namely the Public Interest Disclosure Act 1998. The UK government announced a review of UK whistleblowing legislation in March 2023, with evidence gathering expected to be completed in Autumn 2023. For now however, UK legislation will remain in force and unchanged.
Status
No steps taken to amend existing legislation in line with the Directive.
Reporting topics covered (in addition to those covered by the Directive)
The reporting topics covered in the Directive are not applicable but existing law covers information which tends to show one or more of the following:
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 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.
Categories of person who may report (in addition to those specified in the Directive)
The categories covered in the Directive are not applicable but existing law covers "workers", which is defined widely for this purpose and includes agency workers as well as those directly engaged to provide personal services to the employer.
Are there any stipulations as to who may investigate a report?
No.
Are entities with fewer than 50 workers exempt?
No.
If an exempt organisation implements a whistleblowing scheme will the Directive / implementing law apply?
N/A
Are there any specific timescales that apply (e.g. for acknowledgements and responses) (Yes/No)?
No.
Can reports be made anonymously?
Yes.
Are private sector entities required to accept and follow up on anonymous reports?
Existing law makes no express provision for this.
Remedies for retaliation
Where the retaliation is dismissal of an employee, the employee may claim reinstatement, re-engagement or compensation. Where the retaliation is some other detrimental action, the worker may claim compensation for financial and non-financial losses suffered as a result of the retaliatory action.
Are group-wide reporting channels permitted?
Existing law does not cover the establishment of reporting channels; group wide channels would be permissible.
