Whistleblowing

This Act protects workers from detrimental treatment or victimisation from their employer if, in the public interest, they blow the whistle on wrongdoing.

The legislation aims to increase the accountability of organisations in the public, private and voluntary sectors by enabling workers to bring to light wrongdoing confidentially and without detriment to them.

Workers who are aware of wrongdoing within the food industry can disclose that wrongdoing with the benefit of the protections the Act affords, if they raise their concerns in accordance with the Act's provisions.

For a disclosure to be protected by the Act's provisions, it must relate to matters that 'qualify' for protection under the Act. Qualifying disclosures are disclosures that the worker reasonably believes tend to show that one or more of the following matters is either happening now, took place in the past, or is likely to happen in the future:

• a criminal offence
• the breach of a legal obligation
• a miscarriage of justice
• a danger to the health and safety of any individual
• damage to the environment
• deliberate concealment of information tending to show any of the above five matters

A qualifying disclosure to the Food Standards Agency will be a 'protected' disclosure provided the worker:

• makes the disclosure in good faith
• reasonably believes that the relevant failure relates to matters that may affect the health of any member of the public in relation to the consumption of food and other matters concerning the protection of the interests of consumers in relation to food
• reasonably believes that the information disclosed and any allegation contained in it are substantially true

This protection is invoked automatically if the qualifying criteria are satisfied.

The FSA will use best efforts to ensure that the whistleblower suffers no detriment as a result of making a public interest disclosure.

If the FSA receives a 'qualifying disclosure' then every effort will be made to protect the identity of the whistleblower, and any information that may lead to the identity of the whistleblower being deduced by his/her employer or any other party.

Information regarding a 'qualifying disclosure', including the name of the whistleblower, would also be exempt from disclosure under the Freedom of Information Act.

In the event of a criminal prosecution ensuing, a defendant may make an application to the court to order the FSA to disclose information relating to the identity of the whistleblower. The Agency would resist disclosure of his/her identity by arguing that such an order would not be in the public interest.

The FSA is able to receive information, in person, by telephone, in writing or by email, from a whistleblower. The FSA may contact the whistleblower in order to communicate our policy on handling any qualifying disclosure, for example to tell him/her that we are acting on the information he/she provided, provide assurances that we will protect his/her identity, and to refer him/her to sources of further information and advice.

The FSA will not ask whistleblowers for any other information they have, or to collect any further information, as to do so may take the Agency into the situation of operating an informant. This would be regulated under the Regulation of Investigatory Powers Act. If the Agency wishes to use an informant the FSA will consult its legal advisers in advance to ensure the relevant procedures are followed.

The FSA will communicate to the relevant enforcement body - generally local authorities or the Meat Hygiene Service - the detail of the disclosure and, where relevant, the fact that it was provided by a whistleblower, but will not make any reference to the identity of the whistleblower. The FSA will urge the enforcement body to investigate the basis of any 'qualifying disclosure' in such a way that it does not inadvertently reveal the identity of the whistleblower.

In some limited cases, for example those relating to food irradiation facilities, the FSA is the relevant enforcer and will conduct the investigation itself. In such cases, the FSA will to ensure that robust procedures are in place and are followed, to avoid the identity of the whistleblower being unintentionally disclosed to internal investigators.

The Department of Trade and Industry has produced a guide to the Act. This is available via its website at www.dti.gov.uk. It can also be ordered by 0845 015 0010 or faxing a request to 0845 015 0020 , quoting reference PL502 Rev 2.

The charity Public Concern at Work provides free confidential advice to workers who have concerns about wrongdoing in the workplace. The charity can be contacted at Suite 306, 16 Baldwin Gardens, London EC1N 7RJ, or by telephone on 020 7404 6609 or by email at whistle@pcaw.demon.co.uk.