The Content of Whistleblowing Procedures: A Critical Review of Recent Official Guidelines
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There is an increasing recognition of the need to provide ways for people to raise concerns about suspected wrongdoing by promoting internal policies and procedures which offer proper safeguards to actual and potential whistleblowers. Many organisations in both the public and private sectors now have such measures and these display a wide variety of operating modalities: in-house or outsourced, anonymous/confidential/identified, multi or single tiered, specified or open subject matter, etc. As a result of this development, a number of guidelines and policy documents have been produced by authoritative bodies. This article reviews the following five documents from a management perspective, the first two deal with the principles upon which legislation might be based and the others describing good management practice: the Council of Europe Resolution 1729 (COER); Transparency International ‘Recommended Principles for Whistleblowing Legislation’ (TI); European Union Article 29 Data Protection Working Party Opinion (EUWP); International Chamber of Commerce ‘Guidelines on Whistleblowing’ (ICC); and the British Standards Institute ‘Whistleblowing arrangements Code of Practice 2008 (BSI).
KeywordsWhistleblowing Compliance Guidelines Speak-up procedures
The authors would like to thank Muel Kaptein and two anonymous reviewers for their valuable comments on this article, as well as the participants at the BAM HR meeting 2010, the WERU seminar July 2010 at the University of Greenwich, and the EBEN Research Conference 2011 where previous versions of this article were presented.
- ACAS. (2009). Code of practice on disciplinary and grievance procedures. Norwich: TSO.Google Scholar
- Bowers, J., Fodder, M., Lewis, J., & Mitchell, J. (2007). Whistleblowing: Law and practice. Oxford: Oxford University Press.Google Scholar
- Brown, A. (Ed.). (2008). Whistleblowing in the Australian Public Sector. Canberra: ANU E Press. Accessed April 6, 2009, from http://epress.anu.edu.au/anzsog/whistleblowing/pdf_instructions.html.
- Brown, A., & Olsen, J. (2008). Internal witness support: The unmet challenge. In A. Brown (Ed.), Whistleblowing in the Australian Public Sector. Canberra: ANU E Press.Google Scholar
- Brown, A., & Wheeler, C. (2008). Project findings: An agenda for action. In A. Brown (Ed.), Whistleblowing in the Australian Public Sector. Canberra: ANU E Press.Google Scholar
- BSI. (2008). PAS 1998:2008 whistleblowing arrangements. Code of practice. London: British Standards Institute.Google Scholar
- COER. (2010). The Council of Europe Resolution 1729 entitled “The protection of whistleblowers” was passed on 29th April 2010 (accompanies Recommendation 1916 which has the same name). Accessed June 6, 2010, from http://assembly.coe.int/Main.asp?link=/Documents/AdoptedText/ta10/EREC1916.htm and http://assembly.coe.int/Main.asp?link=/Documents/AdoptedText/ta10/ERES1729.htm.
- EUWP. (2006). Opinion 1/2006 on the application of EU data protection rules to international whistleblowing schemes in the fields of accounting, internal accounting controls, auditing matters, fight against bribery, banking and financial crime. Document WP117-00195/06/EN. Article 29 Data Protection Working Party.Google Scholar
- ICA. (2004). Guidance for audit committees on whistleblowing arrangements. London: Institute of Chartered Accountants.Google Scholar
- ICC 2008. ICC guidelines on whistleblowing. Paris: International Chamber of Commerce. Accessed April 7, 2009, from http://www.iccwbo.org/policy/anticorruption/iccccfee/index.html.
- Jauch, L. R., Osborn, R. N., & Martin, T. N. (1980). Structured content analysis of cases: A complementary method for organizational research. Academy of Management Review, 5(4), 517–525.Google Scholar
- Keenan, J. P. (1995). Whistleblowing and the first-level manager: determinants of feeling obliged to blow the whistle. Journal of Social Behavior and Personality, 10(3), 571–584.Google Scholar
- Lewis, D. & Kender, M. (2007). A survey of whistleblowing/confidential reporting procedures in the top 250 FTSE firms. Report published by the Centre for Legal Research. London: Middlesex University.Google Scholar
- Lewis, D. & Kender, M. (2010). A survey of whistleblowing/confidential reporting procedures in the top 250 FTSE firms. London: SAI Global.Google Scholar
- Miceli, M. P., & Near, J. P. (1992). Blowing the whistle: The organizational and legal implications for companies and employees. Lanham: Lexington Books.Google Scholar
- Miceli, M. P., Near, J. P., & Dworkin, T. M. (2008). Whistle-blowing in organizations. New York: Routledge.Google Scholar
- Ministry of Justice. (2011). The Bribery Act 2010. Guidance. London: Ministry of Justice. Accessed July 6, 2011, from www.justice.gov.uk/guidance/bribery.htm).
- Roberts, P. (2008). Evaluating agency responses: comprehensiveness and the impact of whistleblowing procedures. In A. Brown (Ed.), Whistleblowing in the Australian public sector. Canberra: ANU E Press.Google Scholar
- Rothschild, J., & Miethe, T. (1999). Disclosing misconduct in work organizations: An empirical analysis of the situational factors that foster whistleblowing. In I. Harper & R. L. Simpson (Eds.), Research in the sociology of work (Vol. 8). Ohio: JAI Press.Google Scholar
- TI. (2009). Recommended draft principles for whistleblowing legislation. Berlin: Transparency International. Accessed March 11, 2010, from http://www.transparency.org/global_priorities/other_thematic_issues/towards_greater_protection_of_whistleblowers/enhancing_whistleblower_protection_in_the_european_union.
- Vandekerckhove, W. (2006). Whistleblowing and organizational social responsibility. Aldershot: Ashgate.Google Scholar
- Vandekerckhove, W. (2010a). Whistleblowing. Perennial issues and ethical risks. In G. Aras & D. Crowther (Eds.), Handbook of corporate governance and social responsibility. Farnham: Gower.Google Scholar
- Vandekerckhove, W. (2010b). European whistleblowing policies: Tiers or tears? In D. Lewis (Ed.), A global approach to public interest disclosure: What can we learn from existing whistleblowing legislation and research?. Cheltenham: Edward Elgar.Google Scholar