This article was originally featured as a Delphi publication.
In our capacity as external receiver of whistleblowing cases for clients, investigator of whistleblowing cases and sounding boards in whistleblowing cases, we are often asked how to determine whether a case is an actual whistleblowing case or not. This question is important in order to determine which obligations an organization has regarding a report received in a whistleblowing function. If it is an actual whistleblowing case, the reporting person is protected against retaliation in the form of, for example, dismissal and redeployment, and the organization has an obligation to investigate the reported misconduct and provide feedback to the reporting person. Below is a summary of the types of situations that we usually encounter in our work with whistleblowing cases.
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Whistleblowing cases under the Swedish Whistleblowing Act
The Swedish Whistleblowing Act (Act 2021:890 on the protection of persons who report misconduct) applies when reporting in a work-related context information about misconduct that there is a public interest in their disclosure or conditions that are otherwise in breach of Swedish or EU law, for example:
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