Maintaining confidentiality is a fundamental requirement under the Whistleblowing Standards. It is also a requirement of many HR policies and procedures. This can present challenges when handling concerns that may link with HR matters.
The Whistleblowing Standards are clear that the different processes must be kept independent of each other. In practice, it is essential that both processes recognise and understand their respective roles. Staff handling concerns under the Standards need to understand what information they need and can share to investigate the concern. Equally, HR teams need to understand the requirements and good practice around confidentiality under the Standards and how that might impact on application of HR policy and procedure in practice. They also need to be aware that it applies not only to the Whistleblower but to others involved in the investigation.
In a recent case, an individual submitted both HR and whistleblowing concerns, identifying themselves as a whistleblower in the HR paperwork. HR staff shared this paperwork with several colleagues, following their usual HR process. They did not realise that this was a breach of the Standards which require the individual’s identity as a whistleblower to be kept confidential. This caused significant distress to the individual and created a challenging set of circumstances for the organisation to put right.
Don’t forget:
- Never routinely or automatically share a whistleblower’s name without their informed consent
- Check HR colleagues are familiar with the Whistleblowing Standards, including the importance of confidentiality under the Standards
- Discuss all aspects of confidentiality with the whistleblower when they first raise the concern and with others involved. Keep confidentiality under review during your investigations, and if there is a high risk someone’s identity could become known to others, be honest about this and explore what can be done to reduce this risk
- Take your time to stop and think before sharing sensitive information
If you would like to discuss any of the above, please get in touch at [email protected].
