Whistleblowing: the generational divide

Protections offered by whistleblowing are an essential part of UK employment rights and yet the act itself still retains a stigma that prevents many people from exercising their right. 

A new report from the charity, Protect, on attitudes to whistleblowing, has found a notable difference between generations on people’s willingness to report concerns.

The report’s findings

It has been found that younger generations are less willing to raise concerns and a notable difference exists between generations in regard to which types of wrongdoing would trigger reporting. 

Interestingly, the youngest workers (aged 18-24) were most willing to report sexual harassment. While 67% of those aged 18-24 said they would be likely to raise a concern if they witnessed sexual harassment in the workplace, only 56% said they would be likely to raise a concern if someone’s health and safety was being put in danger.

In contrast, those in the 55+ age group said they would be more likely to report someone’s health or safety being put in danger (86%) rather than sexual harassment (78%). 

Sexual harassment has been highlighted in recent years through the #MeToo movement, which may well have impacted people’s willingness to report concerns.

When asked what would prevent them from raising whistleblowing concerns at work, job security and fear of reprisals were dominant for most people. However, the older age groups were less concerned about damage to their career than those under 44. Concerns about damage to their mental health were highest within the 35-44 age group. 

It is perhaps unsurprising that older age groups were less concerned about damage to their career, as they may have been in their role for a longer period of time and may feel more secure. Employers have a duty to ensure that employees are not subjected to detriment and not dismissed on the basis of a protected disclosure. 

Whistleblowers are only protected if the concern they raise is a genuine protected disclosure, and the ambiguity around this can put some people off raising concerns. Evidence shows that it can also be difficult to pursue a whistleblowing claim. 

In an International Bar Association review in 2021, cases from 2018 were analysed. It was found that 224 case decisions were rendered in England, Wales and Scotland and only 31 alleged whistleblowers won their case. Ten of the alleged whistleblowers even had costs orders made against them, which are unusual in Employment Tribunals. 

Employers do need to be aware that departing employees can sometimes raise concerns as a parting shot. Even so, these concerns should still be properly investigated.

Advice for employers

The Employment Rights Bill extends the definition of a protected disclosure in relation to sexual harassment. The overall increase in the time limit for bringing certain claims may well assist whistleblowers.

Employers often wish to encourage employees to report concerns as they may be unaware of a particular issue and whistleblowing can sometimes uncover serious wrongdoing, such as fraud. 

Employers should offer information and training to employees on their whistleblowing policies and the protection offered to ensure that employees feel confident to raise concerns. 

It is also important that employers follow their policies when concerns are raised as this helps employees feel that it is worth raising a concern. 

Employees often feel more comfortable raising concerns with their line manager more informally or another manager that they have regular contact with, rather than reporting to someone they do not know as well, which can feel like a more formal process. 

Many employees would not necessarily consider this informal raising of their concerns to be whistleblowing, although it may well fall under the definition in the legislation. 

Employers or employees who have questions about whistleblowing, particularly what counts as a protected disclosure, should seek legal advice at the earliest opportunity.