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Calls for legal protection of whistleblowers in Jersey

There is currently no whistleblower protection legislation in Jersey

Jersey Employment Forum is calling for the legal protection of those disclose information that is in the public interest, or 'whistleblow'.

The consultative body that advises government on job laws believes islanders should feel safe to call out injustices and criminal activity of businesses, including fraud or breaches of any kind.

After being asked by the Minister for Social Security to look into introducing such legislation, the forum has published a report and recommendations on creating statutory protections for acts of whistleblowing in Jersey.

Legislation would protect those who make or are seeking to make public interest disclosures, including 'protection from unfair dismissal or detriment'.

The legislation would include a 'public interest' test, and would cover 'protected activity', which the report defines as including breaking the law, environmental damage, or miscarriages of justice.

The forum consulted stakeholders and the public.

Respondents noted the benefits of 'speak up' mechanisms:

“In our view, whistleblowing legislation should be seen in the broader context of encouraging and engendering speak-up cultures more generally within Jersey workplaces.”

Carla Benest, Chair of Jersey Employment Forum, says they have consulted legislation from other jurisdictions for guidance:

"There's currently no whistleblowing protection legislation in Jersey. It's really important that individuals feel that they can raise concerns. 

"They want to do that in the knowledge that they won't suffer retaliation. 

"It's important that we hold businesses to account, but whistleblowing is beneficial to businesses because it gives them insights into perhaps activities that are taking place within their organisations that they themselves don't realise are happening."

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