This article explores why a well-designed and implemented policy is crucial to supporting and empowering your employees to report misconduct confidently.
When an individual raises concerns about workplace malpractice, wrongdoing, risk or other illegal activity, it is known as ‘whistleblowing’. Usually reported through a confidential channel, whistleblowing is driven by legal regulations across the world but it’s much more than just a legal requirement. Having a clear, robust whistleblower policy is essential for building a culture based on trust, accountability and transparency - and safeguarding everyone within your organisation.
Policies to help vavigate the global legal landscape
Legal regulations concerning whistleblowing vary across jurisdictions and regions and can even be fragmented across individual countries. Australia, for example, has 15 different whistleblower laws covering private, public and not-for-profit sectors. By contrast, Singapore has no specific whistleblower legislation, relying instead on broader legal frameworks.
Policies that focus on practicalities
It is important that organisations ensure the whistleblowing process feels as safe and clear as possible. Many policies are drafted by corporate lawyers who focus more on compliance than practicalities and have little understanding of how the emotional and psychological needs of the whistleblower during the reporting process.
Policies to provide clear, accessible reporting for whistleblowers
To build confidence and reduce confusion around whistleblowing in the workplace, it is essential to create an accessible, user-friendly policy with clearly outlined reporting channels and contact points. As well as a fear of reprisal, whistleblowers may experience feelings of anxiety and uncertainty about the consequences of their actions and these emotions can stand in the way of filing a report.
Policies to protect whistleblowers
Sadly, many whistleblower policies fail at the first hurdle because of a reliance on unnecessary legal jargon over practical ‘human’ advice. Some potential whistleblowers will find it impossible to navigate dense and lengthy documents filled with legal definitions and complex regulations and this may deter them from speaking out.
Case study - Why a complex whistleblower policy failed to drive disclosures
An organisation recently asked us to review their whistleblower policy which had been drafted by an external law firm. Considering the size of the business, the organisation was becoming concerned about the lack of disclosures through its whistleblower program, and this flagged up concerns over its efficacy.
Key findings
- The policy was complex and very lengthy (34 pages) and some of the key information that should be easily accessed by a potential whistleblower (contact details, job title, how to report a concern) were buried towards the back of the handbook, making it difficult to locate and heightening an already stressful and difficult decision.
- The policy listed multiple reporting channels but failed to specify which was preferred or the most secure, leaving potential whistleblowers unsure of the best approach. This lack of clarity and accessibility left some employees unsure how to initiate a report, creating an unnecessary barrier to whistleblowing.
- Confusingly, contact details for 25 individuals were listed on the reporting channels. Yet with no guidance on priority, a whistleblower might feel unsure who to trust. This might add to their fear of reprisal and potentially mean they are less likely to file a report.
- While legal compliance is crucial, the policy prioritised regulations over practical advice, the dense legal terminology made it difficult for a whistleblower to understand the steps for reporting, assessment, investigation and effective resolution of the complaint.
Creating a practical whistleblower policy
The case study above highlights the importance of designing whistleblower policies with both legal compliance and user experience in mind. For your whistleblower policy to be as effective as possible, consider the following aspects:
- Ensure essential information (how to report and to whom) is positioned at the beginning of the document with other key legal regulations and definitions towards the back.
- Avoid excessive legal jargon and using concise, supportive language and clear formatting also enhances readability.
- Design the policy with the whistleblower in mind, taking into account their emotional state and minimising their stress and confusion.
- Ensure the policy is well advertised and communicated regularly through internal channels such as emails, intranet and employee handbooks as well as external websites. For example, Australia’s Regulation 270 recommends prominently displaying whistleblowing policies and regularly advertising them.
- Conduct regular training for employees and management on whistleblower procedures to instil trust in the system. It’s important that employees know how to report concerns, what constitutes misconduct and the protections they have under the policy.
Veremark’s new whistleblowing platform launched in 2024 and is already used around the world by leading brands. Our easy-to-use interface, complete security and the option to report anonymously means that employees feel safe and secure to flag malpractice and unsafe behaviour.
Looking to improve how your organisation handles whistleblowing?
We’ll help you set up a secure, anonymous reporting system that employees can trust.