A whistle-blowing complaint is essentially a disclosure about an employer’s malpractice or any type of wrong-doing that the employee believes is genuinely in the public interest. The following types of malpractice are covered:

• criminal offences;
• failure to comply with a legal obligation;
• miscarriages of justice;
• threats to people's health and safety; and
• damage to the environment.

New legislation on whistle-blowing, the Employment Act (Northern Ireland) 2016, (Commencement Number One) Order (Northern Ireland) 2017 (‘2016 Act’), came into force in October 2017 and has broadened the law in this area. Under the 2016 Act, public interest is likely to be interpreted widely which means unless an employer can be sure that a disclosure is (1) not about any type of mal-practice listed above; and (2) will not be in the public interest, the complaint cannot be challenged without further investigation.

Further, employers should ensure that they have a thorough whistle-blowing policy in place. This policy should set out the criteria for making a disclosure and the procedure for dealing with a protected disclosure. Employers should consider whether their existing policies are still compliant in light of the legislative changes referred to above.

Under the 2016 Act, the previous requirement that a disclosure is made in good faith has been removed. Therefore, no dismissal can take place because an employer suspects that a disclosure was made in bad faith i.e. with malicious intent or revenge. However, should the complaint proceed to tribunal, compensation could be reduced by up to 25% if a disclosure is made with a prominent motivation of malice or revenge.