JERSEY is being urged to introduce legal protections for whistleblowers who expose wrongdoing in the public interest.
A report by the Jersey Employment Forum recommended the Island follow other jurisdictions such as the UK and Ireland in enacting legal safeguards for individuals who come forward with concerns about serious misconduct.
The report’s conclusion stated that “there is a strong and compelling case for the States to legislate to provide the necessary protections for those who make public interest disclosures within the scope of any legislation”.
The proposals would provide a legal framework to protect whistleblowers from unfair dismissal and other reprisals, regardless of their length of service.
To qualify, individuals would need to demonstrate that their disclosure was made with a reasonable belief that it was in the public interest.
The proposed legislation would apply to a broad range of wrongdoing – including criminal offences, health and safety violations, breaches of data protection laws, environmental harm, miscarriages of justice, and cover-ups.
It would also extend protection to disclosures about intended illegal acts or actions occurring outside of Jersey, provided the whistleblower suffers detriment within the Island.
The Forum proposed a tiered approach to disclosures: initially reporting concerns internally to the employer, and if that fails or is inappropriate, to a “prescribed person” such as a relevant minister, scrutiny panel chair, regulator,...
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