Whistleblow or grievance?
Personal grievances (for example bullying, harassment, discrimination) are not covered by whistleblowing law, unless your particular case is in the public interest.
There are differences between whistleblowing and grievances for example:
Whistleblowing
- Concern - whistleblowing is about raising concerns relating to wrongdoing risk or malpractice that you witness in the workplace.
- Public interest – whistleblowing concerns should be in the public interest, and unlike grievances, the concerns may not even affect you. They should, in any case, have wider implications for other workers or the public.
- Process – there is no set process for investigating whistleblowing concerns. There is also no right to be accompanied to a meeting with your employer to discuss your concerns.
- Confidentiality – your employer should respect your wish for confidentiality.
- Feedback – you may never know the outcome of a whistleblowing concern. For example, if your employer investigates the behaviour of another individual and disciplines them as a result, that would be confidential information between the employer and that other individual.
- Appeal – there is no general right to appeal if you are unhappy with how your employer deals with your whistleblowing concerns. You may, however, consider escalating your concerns at this stage (it is worth checking your employer’s whistleblowing policy, if they have one, before doing so).
Grievance
- Risk to self – grievances typically relate to how you, specifically, are being treated rather than relating to the treatment of others.
- Types of issues – grievances may be raised about various issues, including things you are asked to do as part of your job; breaches by your employer of your employment rights / your contract of employment, or the way you are personally being treated at work.
- Process – the independent public body, ACAS, has set out codes of practice in relation to discipline and grievance procedures. You can find more information about how to raise a grievance on the ACAS website.
- Support – you have the right to be accompanied at a grievance hearing if the complaint is about your employer breaching a term of your employment contract.
- Outcome – grievances result in a legal determination (decision) on the issue that you raise. The ACAS Codes provide for employees to be given the outcome of their grievance e.g., an apology, a payment due or a change to the working practices.
- Appeal – you should be given the opportunity to appeal should you feel unsatisfied with the outcome.
Whistleblow or grievance?