Statutory guarantees for the protection of persons who report breaches are implemented to make it easier to acquire information on breaches in sensitive areas of the functioning of EU Member States, both in the public and private sectors. The Polish legislator has extended the list of reported breaches to include corruption and human rights violations.

Management of the organisation

Communication channels established for whistleblowers are intended to improve the flow of information within the organisation. The aim of the EU Directive was to give priority to internal reporting. Then, the organisation is closest to the breach, it can react the fastest, perhaps without the need for external reporting or public disclosure. 

This is not about “airing your dirty laundry”, but about proper management of the organisation and maintaining corporate governance. 

What is crucial is what the employer (its organisation) will do with the information received from the whistleblower, whether the employer will investigate the reported suspicion sufficiently, reliably and independently or will approach the case so that the whistleblower will decide to handle the case outside the organisation and the employer will lose control over the course of events.

Whistleblower, and not a snitch

We do not know whether the guarantees involving prohibition of retaliation against the reporting person will be sufficient to encourage them to share information about the breaches. Some legislations provide for rewards for whistleblowers. However, we have no doubt that changes in the law may not be sufficient to change people’s behaviour and mindset. 

That is why it is so important to train employees and encourage information sharing, so that such behaviour is seen as an expression of concern for the common good and not as a manifestation of disloyalty and denouncing.

Find more in the PRO HR Whistleblowers | June 2024.