The landscape for whistleblowing in Jersey is changing because statutory protections for whistleblowers are on the horizon for the first time.
In June 2025, the Jersey Employment Forum published detailed recommendations that pave the way for a Public Interest Disclosure Law, bringing the island in line with modern standards seen in the UK and EU.
This shift will have wide-reaching implications for employers, especially those in regulated sectors such as finance, healthcare, and government. Whether you’re a large corporation or a small business, the time to prepare is now.
So, what’s changing?
Historically, Jersey has had no legal protection specifically for whistleblowers. However, the new proposed law will:
- Protect individuals from day one, including employees, agency workers, police officers, and officeholders.
- Broadly define ‘qualifying disclosures’: criminal offences (e.g. fraud), health and safety violations, data breaches, environmental risks, and cover-ups or intent to break the law.
- Require internal reporting mechanisms before escalation to external regulators or the media.
- Empower the Jersey Employment & Discrimination Tribunal to handle retaliation claims, possibly with uncapped compensation in the future.
Why this matters for employers
Whistleblowing regimes aren’t just legal formalities; they’re indicators of a healthy workplace culture. Mishandling whistleblower reports can result in:
- Legal claims for unfair dismissal or detriment
- Reputational damage if whistleblowers go public
- Investigations by relevant regulators (e.g. JFSC or JOIC involvement)
- Fines or penalties for retaliation
Even without the final legislation in place, regulators increasingly expect employers to foster speak-up cultures, and will judge you accordingly.
What should you do now?
Review your whistleblowing policy
Ensure your current policy:
- Is up-to-date with the proposed law
- Clearly defines what can be reported
- Offers a confidential, easy-to-use reporting mechanism
- Includes protection against retaliation
If you don’t have a policy, this is your prompt to create one.
Train your teams
Managers, directors, owners, or HR teams must understand:
- How to respond to a whistleblower report
- What constitutes protected disclosures
- The importance of neutrality and confidentiality
Training should extend to all colleagues to raise awareness of how and where to report concerns.
Establish reporting channels
Think about how people will report – a generic email address might not be enough. Consider:
- A dedicated internal reporting portal
- An anonymous hotline
- External third-party whistleblowing platforms (especially in regulated industries)
Audit your culture
Ask yourself: Do your people feel safe to speak up?
If you’re not sure, conduct an anonymous survey or look for a focus group. A policy on paper is meaningless without psychological safety in practice.
Get ahead of legal change
The draft law is expected soon. You’ll be ahead of the curve if you’re already or close to being compliant. Waiting until the law is enacted risks rushed updates and potential non-compliance.
Final thoughts
Whistleblowing isn’t about catching wrongdoers but protecting integrity and being ethical. A well-handled whistleblowing process can stop problems early, improve internal governance, and demonstrate impactful leadership.
As Jersey introduces a formal legal framework, businesses that lead with transparency and accountability will emerge stronger. Whistleblowers should never be seen as threats; they’re often your first line of defence.
Need help reviewing your whistleblowing policies or training your teams?
We’re here to support employers through that transition. Let’s build safer, more open workplaces – together.
LAW is running a breakfast briefing on this topic with special guest Kate Wright on Wednesday, 1 October. If you haven’t got your ticket yet, head to Eventbrite to secure your place or give us a call on 01534 887088.
