The proposed amendment means individuals who whistleblow will have protection from any bullying or harassment that may come from their co-workers as a result – a change from the current law which offers workers with protection from harassment or bullying only from their employer.
This protection, known as “vicarious liability”, mirrors provisions which already exist in equality legislation.
The amendment will:
- introduce a provision which treats detrimental acts of one co-worker towards another who has blown the whistle, as being done by the employer and therefore makes the employer responsible; and
- provide a defence for an employer who is able to show that they took all reasonable steps to prevent the detrimental treatment of a co-workers to towards another who blew the whistle.