How To Deal With The Impact Of Remote Working On Whistleblowing

• Published date: 11 May 2020
• Author: Ms Karin Henriksson
• Subject Matter: Corporate/Commercial Law, Employment and HR, Corporate and Company Law, Corporate Governance, Health & Safety, Whistleblowing
• Law Firm: WhistleB

These are strange times we are living in, but as a business leader, have you thought about the impact of remote working on whistleblowing? More people than ever are now working from home, and for workplaces that are unused to remote working, this can feel like a serious challenge to corporate governance and control. Is there an increased risk of misconduct when employees are no longer under the watchful eye of their line managers? Will whistleblowers be more or less likely to report concerns when away from the workplace? We cannot give definitive answers to these questions. However, what we can provide knowledge on is how to ensure that whistleblowing systems remain effective in remote working contexts. What can you do make sure that your whistleblowing system continues to bring you those critical whistleblowing reports?

In this blog, we share our insight on actions that you can take to lessen any negative impact of remote working on whistleblowing, if a whistleblower indeed decides that the whistle needs to be blown.

What might be the behavioural impact of remote working on whistleblowing?

Distance could create a sense of security. Your employees may already have witnessed suspicious behaviour in the physical workplace, but not had the courage to report it. We know from customer conversations that people feel braver reporting their concerns from a home environment. Distance from the workplace might create that sense of confidence and give valuable perspective, both of which may embolden employees to blow the whistle on activities they have long suspected.

Distance could create a sense of ambivalence. On the other hand, the opposite might be true. With distance from the workplace, some employees may feel that there is less of an urgency to report, and indeed hope that the problem will disappear without their involvement. Or worse, perhaps these uncertain times will actually make it easier for some employees to rationalise the misconduct of others as being necessary in times of crisis.

Distance may create new opportunities for misconduct. From violations of labour law, to flouting of your company's health and safety policies. From faulty reporting of time spent working while at home, to data security breaches or environmental crimes taking place while fewer people are around to control the physical workplace. Certain unethical business practices may be all the more tempting for some employees to conduct when they perceive that there is less control...