4) Protecting an employee whistleblower

4) Protecting an employee whistleblower

4.1 Employees are protected if:

  • they reasonably believe that the information disclosed, and any allegations contained in it, are substantially true;
  • they think they are telling the right person; and
  • they believe that their disclosure is in the public interest.

4.2 Any employee who makes a ‘protected disclosure’ which meets the definition in PIDA is legally protected against victimisation and shall not be subject to any other detriment for whistleblowing. The Trust has adopted this policy in order to encourage early internal whistleblowing and demonstrate its commitment to preventing victimisation. If an employee claims that, despite that commitment, he or she has been victimised for making a disclosure, he or she should make a further disclosure under this whistleblowing procedure directly to the Head of Human Resources.  

4.3 An employee has the right to complain of victimisation as a result of any whistleblowing to an employment tribunal.

4.4 Any allegation that an employee has victimised a whistleblower will be taken seriously by the Trust and managed appropriately. In particular, the employee alleged to have caused the victimisation could:

  • be subject to an internal Trust investigation and potential disciplinary action, including dismissal;
  • face a civil claim personally, as the affected whistleblower could be entitled to directly issue a legal claim against the offender.