Whistleblowing law on hold

A new law to protect whistleblowers in Jersey has been delayed, with the Social Security Minister querying its 'necessity'.

Politicians agreed more than three years ago to introduce new whistleblowing legislation.

There are currently no statutory safeguards for employees who allege bad or illegal practices.

A new law was drawn up by the previous Social Security Minister, Deputy Lyndsay Feltham, who said there is a 'clear need' for legislation that gives people the confidence to speak out without fear of reprisal.

But the new Minister, Senator Elaine Millar, has said it isn't a priority for her, compared to other issues like addressing the cost of living.

She told Scrutiny that more work is needed, and that the law isn't due to come forward next year.

Senator Millar said:

"It's important that we think about whistleblowing, but I think what I'd like to do is just really be clear that there is a need, and that this is the way to meet that need.

"I would like, at some point, to do some further consultation.

"Whistleblowing is about good employment practices, but I think we already have quite a number of avenues if somebody in the workplace has concerns. There are lots of ways for people to raise concerns in a safe way, and I just think I'd like to do a bit more work on, are those avenues enough, does this answer the problems?

"We hear a lot from the business community about how difficult it is for them, and the level of regulation, and it's all getting more than anybody can bear.

"I just want to be clear that it is something that is really going to deliver. I have a slight suspicion on what we have at the moment, that it would create a lot more complexity around tribunal claims, a lot more cost for everybody.

"It will not be a priority for next year. There are things we could be doing in the employment sphere which would have a more direct impact on particularly lower-paid employees.

"I'm not sure if all we can do is say to somebody you get an unfair dismissal award, then that may not protect them and I think to truly protect somebody who is raising a massively significant concern about criminal behaviour or whatever the behaviour is that's of concern, an unfair dismissal award is not necessarily going to be enough, but if we're in the realms of unlimited fines and penalties, that's a very hard sell, even to the Assembly.

"I've read the report. I haven't actually read the law, but I have some doubts about it. I have doubts as to the necessity, I have doubts as to whether it will really do what it needs to do."

The politician who brought forward the successful proposition in 2023, Deputy Carina Alves, has called the Minister's comments 'really disappointing'.