Lords vote to enforce duty to investigate

In a significant move, the House of Lords has voted to introduce a new duty on employers to investigate whistleblowing concerns. This amendment to the Employment Rights Bill will require any organisation with more than 50 employees or a turnover exceeding £10 million to take action when whistleblowers come forward. The amendment was proposed by Protect and drafted by Lord Michael Wills, with the backing of prominent lawmakers, including Baroness Susan Kramer and Baroness Nicky Morgan of Cotes. The vote resulted in a decisive majority of 98 on 16 July.

Lord Wills emphasised the importance of whistleblowers in his remarks, stating “Time and again we see whistleblowers raise important concerns that are swept under the carpet. From concerns about patient safety to failures in construction and building sites – ignoring problems impacts lives and livelihoods.” He urged the government to act swiftly to offer greater protection to whistleblowers, suggesting that this legislative opportunity should be embraced without delay.

The change comes amid a backdrop of public support for stronger protections for whistleblowers, evidenced by a YouGov poll commissioned by Protect, which indicated that two-thirds of workers desire a legal duty for employers to investigate such concerns. Additionally, research by the Association of Fraud Examiners revealed that 42% of fraud cases were uncovered through tips, predominantly from employees, highlighting the crucial role whistleblowers play in maintaining workplace integrity.

Baroness Susan Kramer voiced her concerns about the existing structure, stating, “While we wait for fundamental reform, we need immediate improvement to some of the worst features of the current system of supposed whistleblower protection." Her sentiments were echoed by Protect’s Chief Executive, Elizabeth Gardiner, who remarked, “We are delighted the amendment was passed. If accepted, this would herald a huge step forward in improving the way whistleblowing is dealt with in the workplace.”

The new duty aims to encourage employers to proactively address workplace wrongdoing rather than allowing issues to build up, fostering an environment where employees feel safer to raise concerns. By also requiring a review of the unfair dismissal test, which is viewed as a barrier for whistleblowers in tribunals, the amendment seeks to create a more supportive framework for those who dare to speak out against wrongdoing in their organisations.