Whistleblowing / public interest disclosures

Public interest disclosure, official misconduct, corruption

Government agencies have particular responsibilities to respond effectively to the requirements of Public Interest Disclosure or Whistleblowing legislation, and Official Misconduct or Corruption legislation.

Active Assurance Services can assist agencies to develop and implement policies and procedures to identify and deal with Public Interest Disclosures and Official Misconduct to the satisfaction of oversight agencies. Its consultants have extensive experience in this regard and in addition to the above, can assist agencies to develop strategies and maintain good working relationships with the government oversight agencies in the longer term, fulfil your reporting requirements and maintain clear and effective communication that enhances trust and responsiveness.

Public Interest Disclosure – Whistleblowing

The purpose of the legislation is to ensure that an employee who makes a disclosure should not be victimised as a result. Under the provisions of the legislation, the discloser has the right not to suffer detriment or to be dismissed because of the disclosure. A whistleblower that suffers detriment or dismissal from his employment because of his/her disclosure can bring a claim to the relevant employment tribunal. A claim for treatment to the detriment of the whistleblower may be made whilst the whistleblower is still in the employment. If the whistleblower is dismissed the claim will be for unfair dismissal. If the whistleblower resigns because of his treatment by the employer following his whistleblowing, the claim may be for constructive dismissal. The legislation is not intended to give the whistleblower an opportunity to claim compensation and to punish the employer. Any compensation awarded is to compensate for legally recoverable losses and in the case of unfair dismissal for injury to feelings. It is also intended to encourage employers to put into place a whistleblowing or public interest disclosure policy.