Whistleblowing legislation

The Department for Enterprise sought views on a number of proposals relating to reforming the legislative framework for whistleblowing. The consultation set out proposals for amendments to the existing whistleblowing regime, and sought views on more far reaching reforms, including creation of an Office for Whistleblowers.

47 responses were received.

There is strong support for a number amendments to the existing whistleblowing framework to clarify and improve the law for whistleblowers and employers.

Many respondents also expressed support for many of the proposals based on the Irish Protected Disclosures Bill. However support for those proposals was more mixed. It is likely that the practicalities of the proposals will require further consideration as to whether they are appropriate to the Isle of Man’s circumstances. Further, some of the proposals, such as the creation of an Office for Whistleblowers, would require specific resources to be identified by Government.

Further information on the feedback received can be found in the consultation review report below.

The Department for Enterprise intends to bring forward the following changes in an Employment (Amendment) Bill:

• public interest test for protected disclosures;
• vicarious liability to prevent detrimental treatment of whistleblowers by employees etc on behalf of an employer;
• remove requirement that a disclosure be made in good faith, but enable Tribunal to reduce compensation where it is determined that the disclosure was not made in good faith.
• provision to make clear that a protected disclosure has been made;
• power to make regulations to require prescribed persons to report on whistleblowing cases;
• power for interim relief.

These changes require primary legislation and will be included in the same Bill that includes the proposals regarding family leave.

The Department will however further consider, and discuss with interested parties, the proposals contained in section 2 of the consultation. Therefore legislation relating to these distinct proposals will not be brought forward at this time.

Similarly, recognising the comments made in connection with increasing the maximum compensatory award, the Department accepts that this requires further consideration as part of a separate consultation process which may extend to broader matters around unfair dismissal.