A recent seminar on Jersey’s forthcoming whistleblowing regime explored what the changes mean for employers.
Walkers hosted the event, which brought together business leaders from Jersey and Guernsey to discuss how organisations can prepare. Below is a summary of the key points and practical steps.
Following Ministerial approval of the Jersey Employment Forum’s recommendation to introduce a public interest disclosure (whistleblowing) regime, draft legislation is now being prepared. Employers should start planning ahead.
The new regime will provide legal protection to Jersey based employees who report certain types of wrongdoing at work. This protection will allow whistleblowers to seek a remedy, typically compensation, via the Jersey Tribunal if they are dismissed or treated detrimentally as a result of whistleblowing. There is currently no whistleblowing regime planned for implementation in Guernsey but employers with cross-island operations and/or management structures outside of Jersey should ensure relevant staff are aware of the new protections for Jersey based employees.
Importantly, the Jersey regime is not expected to require employers to have a whistleblowing policy or specific processes for handling reports. In short, the new regime is about protecting whistleblowers after they raise concerns, rather than prescribing particular processes for facilitating concerns being raised or investigated.
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