The University has now revised its whistleblowing policy in response to changes to the Public Interest Disclosure Act 1998. The law on whistleblowing has changed as follows:
- For a disclosure to be protected, the worker must reasonably believe it is made in the public interest
- Disclosures made in bad faith are now capable of being protected disclosures, but if malice was the predominant motivation of a worker who suffers a detriment at work as a result of whistle-blowing, employment tribunals may reduce any financial award by up to 25%
- Employers are now vicariously liable if co-workers cause whistleblowers to suffer a detriment by any act or omission of the co-worker in the course of their work. The co-worker can also be personally liable to the whistle-blower for their behaviour. Employers must take all reasonable steps to prevent co-workers from causing detriment to whistleblowers. Staff are reminded of the University’s policy on Dignity at Work, the Code of Behaviour and the Problem Resolution Framework.
Staff should make themselves familiar with the new whistleblowing policy which is on the HR intranet site: https://staff.shu.ac.uk/university_secretariat/whistleblowing.asp
Under normal circumstances the policy will not apply to students. Faculties will therefore need to review the alternative local arrangements for whistleblowing by students when undertaking academic study and when on placement.
Please contact Charlotte Howell, Legal Assistant in Governance and Planning Services, for advice and assistance with this on ext 2787 or email c.howell@shu.ac.uk.