Whistleblowing Investigation - The Golden Hour

• Published date: 02 November 2022
• Subject Matter: Employment and HR, Health & Safety, Whistleblowing
• Law Firm: Safecall
• Author: &nbsp Safecall

In whistleblowing terms, the Golden Hour describes the period immediately following an incident or an offence when material is abundant and readily available.

When anyone uses a speak up hotline, positive action should be taken by a whistleblowing report manager in the period immediately following the whistleblower report of a crime or breach of company policy.

These actions minimise the deletion or destruction of material and maximise the chance of securing material that will be admissible in court, employee discipline or internal procedures.

All material from a whistleblowing incident might be judged as admissible under certain circumstances

There are a number of general principles, however, that mean some material might not pass the evidential test... for example: hearsay testimony, intelligence reports or evidence of opinion.

Even though the material is of a type that is generally not admissible, it does not mean that it should not be gathered or that it will not assist in the whistleblowing investigation.

Such material might be highly valuable in setting parameters for other investigative activities or generating lines of enquiry that may produce other relevant, reliable, and admissible material, and should, therefore, always be gathered.

Fast track actions to take after a whistleblowing report

During the Golden Hour period there are a number of actions which, where possible, require an immediate response by the whistleblowing report manager initially contacted (the...