Jessica O'ConnorThe Jersey Employment Forum has issued a landmark recommendation to introduce statutory protections for whistleblowers, marking a significant step toward greater transparency and accountability in the island’s workplaces.
The Forum’s 75-page report proposes the creation of a standalone Public Interest Disclosure Law, aimed at safeguarding individuals who raise concerns about wrongdoing in the public interest.
The Forum, which conducted broad public consultation throughout 2024, found overwhelming support for formal whistleblowing legislation from unions, legal professionals, employers, and the wider community.
“The absence of statutory whistleblowing legislation continues to undermine protection for people who are left in a difficult position when they come across wrongdoing,” stated the Jersey Community Relations Trust.
Unite the Union called the legislative gap “a significant deficiency” and emphasized that whistleblowers deserve “a key right” to protection against retaliation.
Under the proposed framework, whistleblowers would gain immediate protection—regardless of how long they’ve been employed – against unfair dismissal or other detriment.
Protected disclosures would cover a broad range of issues, including criminal activity, breaches of health and safety or data protection laws, environmental harm, miscarriages of justice, and cover-ups of wrongdoing.
Notably, disclosures made outside of Jersey could also qualify, provided the harm suffered occurred within the island.
The Forum stressed that internal grievances such as bullying or harassment would not fall under the new regime unless directly linked to a qualifying disclosure.
As the report explains: “A speak-up culture is key to developing organisational resilience, employee engagement and satisfaction […] and it promotes ethical behaviour.”
The recommended legislation includes a structured process for making disclosures: whistleblowers should first report internally, then to designated “prescribed persons” if needed.
These may include government ministers, scrutiny panel chairs, or regulatory authorities like the Jersey Financial Services Commission and Jersey Care Commission.
Disclosures to the media would only be protected under exceptional circumstances.
Compensation for whistleblowers who suffer retaliation could initially mirror existing frameworks under employment and discrimination laws but would likely increase over time.
The Forum strongly recommended that awards ultimately become “uncapped,” to reflect the serious personal and professional damage that whistleblowers may endure.
JACS (the Jersey Advisory and Conciliation Service) would be tasked with offering advice and policy templates to employers but would not serve as a statutory reporting body.
Although businesses would not be legally required to maintain a whistleblowing policy, the Forum “strongly encourages” them to do so, citing reputational and practical benefits.
While many stakeholders supported adopting aspects of UK legislation, the Forum emphasised the need to tailor any regime to Jersey’s unique context.
Minister for Social Security Elaine Millar is expected to respond to the recommendations in the coming months.
If adopted, the law would position Jersey alongside other jurisdictions with modern whistleblower protections and further solidify its commitment to ethical governance.
