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Can Whistleblowing Help with Bullying and Discrimination?

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Can Whistleblowing Help with Bullying and Discrimination?

Bullying and discrimination is prevalent in workplaces, which has a detrimental influence

on the company's culture and makes workers nervous. A firm’s employees are the most valuable

asset, but they may also be the most dangerous liability in return if discriminated or bullied.

Besides, inappropriate workplace behavior, especially bullying, is causing increasing concern in

the workplace. Because of the importance of the issue, safety measures have been developed by

every nation to collect feedback and produce a consistent code in workplaces (Ashton, 2015).

Also, bullying and harassment may result in humiliation and even physical injury for targeted

people. Hence, this might negatively influence staff morale, leading to lower production.

Excellent corporate governance must have a well-established structure backed by rules and

processes, systems, and training.

First, when it comes to bullying, discrimination, and harassment in the workplace, the

most effective way to resolve the matter is for the offended employee to file a formal complaint

utilizing their private employment rights. It is debatable if this situation fits the 'public interest'

requirements for whistleblower protection under the 1998 Public Interest Disclosure Act

(Ashton, 2015). Harassment is described as undesired behavior directed against another person

based on a protected trait that breaches the dignity of the targeted individual or creates an

atmosphere of risk, hostility, degradation, humiliation, or insult (Ashton, 2015). Bullying is

defined as harsh, humiliating, or abusive behavior performed by someone in a position of

authority or influence over the victim (Ashton, 2015). Unfair criticism includes criticisms,

insults, and rumors about a person. The organization must design and enforce a harassment and

bullying policy. If the problem continues, an employee must follow the procedures outlined in

this policy to file a formal complaint.

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Moreover, it is feasible that failing to notice an employee's improper behavior may affect

the business in various ways. It can result in expensive litigation and ruin both persons' and

corporations' reputations. Businesses must reduce the danger of unethical behavior by offering a

reliable and accessible reporting channel in all situations. Discrimination, bullying, and

harassment in the workplace may result in legal action against both management and employees

(Abrams, 2010). Employers must take preventative actions to reduce the danger of unethical

behavior by their personnel. Under the OHS Act, an inquiry and penalty for workplace bullying

and discrimination may be carried out (Abrams, 2010). Bullying and discrimination may harm an

employee's physical and mental health and overall well-being (Flynn, Hogan, & Feeney, 2019).

According to the Supreme Court and subordinate courts, bullying, discrimination, and

harassment in the workplace must be avoided by "reasonable" means (Abrams, 2010). Only

when a feedback program reinforces the policy framework can it be said that incorrect behavior

on the part of employees is unacceptable.

Additionally, whistleblowing happens when an individual uncovers illegal activity that

benefits the public. Whistleblowers have specific legal rights due to their actions and cannot be

discriminated against or fired. Breaching the law, covering up wrongdoing or a miscarriage of

justice, endangering someone's health and safety or inflicting environmental damage, and

conducting crimes are public interest activities (Flynn, Hogan, & Feeney, 2019; Abrams, 2010).

As a general guideline, employees should always follow the company's policy on reporting

unethical or illegal behavior. Employees may also register a formal complaint with the

appropriate government agency (Flynn, Hogan, & Feeney, 2019). For example, if an employee

has been accused of misbehavior detrimental to the public interest, one should obtain legal

counsel to safeguard their legal rights.

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Bullying, discrimination and harassment are prevalent in organizations where 'banter'

goes too far, and employees are afraid to speak out, leading to a decline in productivity and

cooperation and an increase in corruption and a lack of openness (Mason & Minerva, 2020).

Hence, victims of workplace victimization, which may take many forms, usually experience a

great deal of misery. The Equality Act of 2010 makes it illegal to discriminate against people

based on protected traits (Mason & Minerva, 2020). Thus, this category includes handicap, age,

ethnicity, gender, religion, pregnancy and motherhood, and sexual orientation. Direct

discrimination might take the form of males being paid more than women (Ashton, 2015).

Women are more likely to work part-time than full-time, resulting in indirect discrimination

(Mason & Minerva, 2020). Another kind of discrimination arises when an employer wrongly

believes that an employee has a quality that the person does not possess (Mason & Minerva,

2020).

In conclusion, a clear correlation between exposing workplace misbehavior and being

harassed at work and having a detrimental impact on one's health (e.g., depression and symptoms

analogous to post-traumatic stress). First, instances of improper workplace conduct are shown;

second, therapists are assisted in reconciling the need for psychiatric therapy with their clients'

urge to relate their whistleblowing tales. Employees who have been bullied at work and reported

wrongdoing at their workplace should be evaluated for therapeutic therapies. Future workplace

bullying investigations should include the possible association between whistleblowing and

workplace bullying. One of the practical consequences is the need to offer specific instances of

undesirable workplace conduct. In practice, it's critical to balance the urge to narrate the tale and

the need for therapy for probable despair and trauma. Bullying may have a detrimental influence

on the provision of services. Bullying and discrimination in the workplace may harm the
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company, customers, and the broader public. Employers needs to take time to investigate the

depth of the difficulties caused by bullying to assess and address the concerns properly. Hence,

creating and maintaining an atmosphere where workers may express their ideas and concerns

without fear of penalties is ideal for organization’s health.

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References

Abrams, A. L. (2010, June). Avoiding Whistleblower Claims Under the OSH Act & Mine Act.

In ASSE Professional Development Conference and Exposition. OnePetro.

Ashton, J. (2015). 15 years of whistleblowing protection under the Public Interest Disclosure Act

1998: Are we still shooting the messenger?. Industrial Law Journal, 44(1), 29-52.

Flynn, G., Hogan, J., & Feeney, S. (2019). Whistleblowing in the Irish Military: The cost of

exposing bullying and sexual harassment. Journal of Military Ethics, 18(2), 129-144.

Mason, A., & Minerva, F. (2020). Should the Equality Act 2010 be extended to prohibit

appearance discrimination?. Political Studies, 0032321720966480.