Annual Whistleblowing Reports by Prescribed Persons

The government has published its response to its consultation on annual whistleblowing reporting requirements for prescribed persons and has published draft Regulations. 

Under provisions of the Small Business Enterprise and Employment Act 2015, prescribed persons will be required to report annually on whistleblowing disclosures received. The draft Prescribed Persons (Report on Disclosures of Information) Regulations 2015 set out the contents of the annual report and clarify that the report will not require the disclosure of any information which would identify the worker who made the disclosure or the employer about whom the disclosure is made.

The report will include: 

• An explanation of the functions, objectives and statutory powers of the body producing the report.
• The amount of concerns that have been raised in a 12-month period.
• The amount of concerns that can be reasonably identified as whistleblowing.
• Commentary on what types of action were taken in response to whistleblowing disclosures.
• The number of disclosures where no further action was taken (unsubstantiated claims).
• Commentary on how the information from whistleblowers has impacted on the prescribed person's activity in their relevant sector.

In addition, prescribed persons may choose to supplement the report with further information that they believe would be helpful, for example:

• The numbers of concerns raised where further action was taken and why this was.
• The numbers of concerns that were referred to an alternative body.
• How employers in the sectors they regulate or oversee respond to whistleblowing in their organisations. 

The government also proposes that the reports will have to be published online, as well as being sent to BIS who will collate reports with some high level analysis and publish them in a single place online. 

The government’s response is available here.