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Obligation to whistleblow

(8 Posts)
PrettyBrightFireflies Sun 01-Nov-15 17:54:01

Can an employee be contractually required to report a colleagues misconduct/illegal behaviour?

If so, can they subsequently be subject to disciplinary action themselves if it is discovered that they knew about the misconduct of another but failed to report it?

wowfudge Sun 01-Nov-15 18:18:50

What does the company policy on the matter state? Could the failure to report something be construed as gross misconduct? It could also depend on the working relationship between the two employees - it can be extremely difficult for someone to report a more senior colleague or their manager although whistle blowing policies are designed to protect people in such cases.

If you can give some context, that would be helpful.

PrettyBrightFireflies Sun 01-Nov-15 18:23:26

Sorry wow - it's a general question; can a company policy include the requirement for employees to report misconduct?

As the result of a complaint I have made to a public body, I am being asked what would be a satisfactory outcome for me. I was wondering if it would be reasonable for me to say that I would like to see this written into company policy.

RNBrie Sun 01-Nov-15 18:25:23

I work in financial services and it is definitely a requirement to report suspect activity at any level in the company. We could be dismissed if we are found to have known about something we didn't report.

NickNacks Sun 01-Nov-15 18:26:44

I would have thought yes. I work in childcare and we are bound to whistleblow on others to OFSTED in matters of safeguarding for example.

PrettyBrightFireflies Sun 01-Nov-15 19:05:56

That's interesting to hear, nick - I know the government was discussing whether to introduce legislation that placed an obligation on certain professionals to report suspected abuse, but hadn't realised it was already a condition of some employers.

I wonder if it would be enforceable? If someone was disciplined for not reporting their concerns, could it be challenged in tribunal, for instance?

NickNacks Sun 01-Nov-15 19:25:26

I'm not employed by anyone but am a self employed cm. We have to have a policy in place if we have an assistant or work with another cm. I guess they could take away our registration if we were found to be negligent. I'm not sure but assume if has to be the same in nurseries and so they make it part of the employee contract.

DeoGratias Mon 02-Nov-15 07:26:05

1. If the contract says so then yes, it's not illegal to include that contractual requriement.
2. In some regulated sectors it may be a requirement too.
3. If neither of the above apply you still might want to protect yourself. I have seen cases where the boss says he had no idea something was being done and his underling says I onlyd id it because the boss told me. If instead one of them had done a report at the time pointing out to head of legal that the other person was doing X they could save themselves from the sack later.

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