Government urges whistleblowers to avoid media and politicians in new policy

Document published just before Tynwald returns from summer recess consolidates procedures and introduces new reporting duties

The government has published a new whistleblowing policy which strongly discourages public servants from taking their concerns to the media or politicians before using internal channels.

The document - issued the day before Tynwald reconvenes following the summer recess - sets out how employees and contractors can raise concerns about suspected wrongdoing - such as criminal offences, breaches of legal obligations, or risks to health and safety - under the Employment Act 2006.

Whistleblowing is expected to feature prominently in this week’s sitting, with Onchan MHK Julie Edge due to raise the topic numerous times.

The policy applies to all Departments, Boards and Offices of the Isle of Man Government, as well as agency staff, volunteers and consultants. It aims to ensure that individuals who make what are legally defined as "protected disclosures" are shielded from dismissal or other detriment.

Officials are advised to first report concerns to their line manager, then to a departmental Whistleblowing Officer, Chief Executive, or the Treasury’s Audit Advisory Division. If the matter cannot be resolved internally, it can be referred to a prescribed external regulator or authority.

However, the policy "strongly discourages" workers from going directly to the media or elected representatives, warning that doing so is "unlikely to be protected" under the law and could "hamper investigations".

Anonymous disclosures are permitted but said to be harder to investigate effectively.

The document also introduces a new internal reporting requirement, due to take effect in November, obliging departments to notify the Office of Human Resources (OHR) of all whistleblowing cases in anonymised form. OHR will oversee consistency across government and maintain records.

Recent legislative changes are reflected in the guidance, including the removal of the "good faith" requirement for protected disclosures and the introduction of vicarious liability for employers where co-workers subject whistleblowers to detriment.

Staff are encouraged to use the Government’s Public Service Integrity Line if they wish to report anonymously. Online training for all staff will be mandatory every three years, while departmental Whistleblowing Officers will receive additional instruction.

Workers dissatisfied with how their disclosure has been handled are directed to use the Grievance Procedure if still employed, or to approach the Tynwald Commissioner for Administration (Ombudsman) if not.