JERSEY is being urged to introduce legal protections for whistleblowers who expose wrongdoing in the public interest.
A report by the Jersey Employment Forum recommended the Island follow other jurisdictions such as the UK and Ireland in enacting legal safeguards for individuals who come forward with concerns about serious misconduct.
The report’s conclusion stated that “there is a strong and compelling case for the States to legislate to provide the necessary protections for those who make public interest disclosures within the scope of any legislation”.
The proposals would provide a legal framework to protect whistleblowers from unfair dismissal and other reprisals, regardless of their length of service.
To qualify, individuals would need to demonstrate that their disclosure was made with a reasonable belief that it was in the public interest.
The proposed legislation would apply to a broad range of wrongdoing – including criminal offences, health and safety violations, breaches of data protection laws, environmental harm, miscarriages of justice, and cover-ups.
It would also extend protection to disclosures about intended illegal acts or actions occurring outside of Jersey, provided the whistleblower suffers detriment within the Island.
The Forum proposed a tiered approach to disclosures: initially reporting concerns internally to the employer, and if that fails or is inappropriate, to a “prescribed person” such as a relevant minister, scrutiny panel chair, regulator, or ombudsman.
Disclosures to the media would be protected only in exceptional circumstances, and protection would not be given where the disclosure is made for financial gain.
In a jurisdiction where financial services play a pivotal role, the Forum says robust whistleblower protections would bolster Jersey’s reputation for transparency and good governance.
Several stakeholders – including legal experts, trade unions, and industry representatives –echoed this sentiment during the consultation process, warning that the absence of such protections undermines Jersey’s commitment to ethical conduct.
Jersey Community Relations Trust trustees said that whistleblowing protections provide “essential protection for vulnerable individuals in society”.
“The trustees note that the absence of statutory whistleblowing legislation continues to undermine protection for people who are left in a difficult position when they come across wrongdoing,” according to the report.
Unite the Union said that legislation would provide employees with additional protections and recourse to a remedy in the event of detriment.
“Unite hope that legislation would act more as a deterrent to causing a detriment rather than employees having to rely upon the protections, because of a detriment, after the event,” a union representative said.
An unnamed Jersey law firm expressed the view that the current lack of express whistleblowing protection places the Island “out of step” with comparable legal systems and is inconsistent with Jersey’s otherwise justified reputation as offering a well-regulated corporate governance framework.
A key recommendation is for the creation of standalone legislation – rather than amendments to existing employment laws – to ensure clarity and accessibility.
The report also calls for the Jersey Employment and Discrimination Tribunal to be empowered to hear whistleblowing cases and award compensation, including for future financial loss and emotional distress.
The Jersey Advisory and Conciliation Service would also be tasked with providing support and guidance to potential whistleblowers, including template policies for employers.
Although initial compensation limits would align with existing employment laws, the Forum recommended moving toward an uncapped compensation regime to reflect the serious personal and professional harm whistleblowers can face.
The report stops short of recommending a legal requirement for all employers to maintain a whistleblowing policy – instead suggesting strong encouragement, especially in high-risk sectors.
The Social Security Minister is now expected to consider the 24 recommendations.
