News and Insights

Overview: 
The Government of Jersey has published a Draft Protected Disclosure (Protection of Whistleblowers) (Jersey) Law 202- (the “Draft Law”). If passed, this will be a whistleblower protection law (the “Whistleblower Law”), with a statutory framework to protect whistleblowers on the Island.

Key features of the Whistleblower Law

The Whistleblower Law would potentially introduce a number of significant changes, including:

• Broad protection for whistleblowers
  While “whistleblowing” and “whistleblower” are not currently defined in the Draft Law, the meaning of “protected disclosure” is explained by reference to types of action or conduct that could constitute “wrongdoing” and the individuals who may benefit from protection is set out in the Draft Law. It is currently proposed that, in certain circumstances, protection would extend beyond traditional employees to other categories of individuals.

• Introducing employment obligations and protections
  Organisations would be required to have appropriate internal reporting arrangements in place, together with measures relating to confidentiality, record-keeping, investigation processes, and safeguards against retaliation. The Draft Law proposes protection against dismissal or otherwise being treated less favourably because of the disclosure, with remedies available for breaches.

Impact on employers and organisations

As things stand, the proposed legislation is at an early stage. If such legislation is passed, organisations operating in Jersey are likely to want to consider introducing whistleblowing policies, internal reporting and investigation procedures, as well as staff and management training and compliance frameworks. 

Next steps

The Whistleblower Law is subject to current informal consultation and further legislative scrutiny. Organisations and individuals may wish to consider the practical and operational implications at an early stage and engage with the consultation process as it progresses.

Click here to read the full draft whistleblowing law report presented to the States Assembly.