How to implement a whistleblowing policy
The last thing an organisation needs is for an employee or ex-employee to disclose unexpectedly in the public arena details of malpractice, unethical behaviour, or dishonest activity within the company. Such a crisis can be avoided by developing and implementing an effective whistleblowing policy, aimed at helping employees to disclose their concerns internally, freely and without fear. They will not then feel the need to blow the whistle to the media. Here's how you might tackle such a policy...
1. Understand the benefits of a whistleblowing policy.
Any progressive organisation that takes the decision to develop and implement a whistleblowing policy is aware that the policy is capable of:
- exposing wrongdoing and malpractice early, providing the opportunity to eliminate the contaminating impact of improper activity on the company and its reputation
- detailing the internal avenues for potential whistleblowers to express their concerns - without having to do so in the public arena
- preempting any resulting bad publicity and the associated costs of the public disclosure and any possible legal action that might follow
- promoting internal accountability
- demonstrating that the company is committed to being honest, fair and ethical in all its activities.
2. Understand the problems arising from such policy.
Be aware of the problem areas associated with the introduction of a whistleblowing policy. For example, the policy can actually encourage troublemakers to increasingly blow the whistle on petty issues. There is the danger too that staff might see the policy as one of encouraging employees to spy on each other. And, by raising the issue of retaliation, whistleblowers may in fact now fear reprisals, despite policy to the contrary. As well, such a policy will be hollow if the organisation does not have in place a code of conduct that defines the company's honest and ethical workplace standards.
3. Create a policy through staff involvement.
The evidence indicates that successful implementation of any policy depends on the extent to which employees are involved in its development. Appoint a project manager and select a team which is representative of all sectors of the organisation to assist in the development of the whistleblowing policy. To expedite the process, raise the issues, explain the reasons, deal with concerns, and circulate drafts for comment by staff. During the writing phase, focus on such issues as these:
Commitment to an ethical culture…
-Without a code of conduct and ethics, you will have no yardstick against which to measure proper and improper behaviour in your organisation. The code must make management's view clear: the organisation will tolerate no fraud, corruption, malpractice, or related unethical behaviour. Incorporate this code into the whistleblowing policy.
Commitment to an open culture…
- Indicate that all employee concerns will be taken seriously and that dissentients will be protected. Reveal how the organisation will support an open and communicative culture where staff are free to speak up.
Company-employee confidentiality…
- Acknowledge that employees by law are prohibited from disclosing in the public arena any of their employer's confidential data, unless in the public interest.
Open channels for staff to communicate concerns safely…
- How will the hierarchy accommodate staff members with concerns to raise? With whom can employees speak in confidence? What role might well respected outsiders or agencies play in providing a safe alternative listening channel for concerned employees?
Fair and impartial investigative procedures…
- Remember: don't shoot the messenger; focus on the problem! Ensure the dissentient is listened to, indicate how the matter will be addressed, and advise promptly or regularly of what action has been taken (or not taken) and why.
Measures to guard against abuse of the policy…
- The policy should indicate that the raising of petty, unfounded, or malicious allegations will be viewed as a disciplinary offence.
Protection for whistleblowers…
- The policy should make it clear that harassment of genuine dissentients by management or other staff will not be tolerated. Anonymity may be granted where appropriate - although openness is usually advised since others will often know the instigator of any internal inquiry.
