Training – how to handle whistleblower reports?

If your organisation employs at least 50 people as of 1 January or 1 July, you are subject to a statutory obligation. Employers are required to create appropriate reporting channels and procedures that will allow employees to report irregularities in a safe and confidential manner.

The internal reporting procedure establishes a system that allows employees to report violations of the law in a safe and confidential manner.

The aim of the procedure is to create a safe environment for whistleblowers so that they can report irregularities without fear of retaliation from the employer.

Employers must inform employees about the procedure and ensure access to it, following consultations with trade union organisations or employee representatives.

Pursuant to Article 3(1) of the Whistleblower Protection Act, a violation of the law is an act or omission that is contrary to the law or intended to circumvent it.

Examples of violations that can be reported:

• •Corruption – any activities related to bribery or abuse of power.
• •Public procurement – irregularities in tendering processes and contract performance.
• •Services, products and financial markets – violations of regulations in the financial sector.
• •Combating money laundering and terrorist financing – actions contrary to prevention regulations.
• •Product safety – problems related to product quality and conformity with standards.
• •Environmental protection – activities harmful to the natural environment.
• •Privacy and personal data protection – violations related to the processing of personal data.

Whistleblower protection in Poland was regulated by the Act of 14 June 2024.

The Act prohibits any retaliatory actions against whistleblowers.

🔹A whistleblower cannot be deprived of employment or suffer negative employment consequences, such as a reduction in remuneration or being overlooked for promotion.

🔹Disciplinary or financial penalties cannot be imposed on a whistleblower in connection with their report.

🔹A report made by a whistleblower cannot be the basis for civil or disciplinary liability, provided it is based on reasonable grounds.

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The team handling whistleblower reports may include:

• 1.HR department employees – HR staff have experience handling complaints and knowledge of the organisational structure.
• 2.Risk management representatives – they have knowledge of legal regulations and internal procedures.
• 3.Legal experts – they help interpret regulations and ensure actions comply with applicable law.
• 4.Employee representatives – this ensures a diversity of perspectives and avoids conflicts of interest.

Worth remembering:

• •The team should be diverse to ensure objective assessment of reports.
• •Those handling reports should not be directly related to the reported situation.
• •Team members should be appropriately trained in whistleblower protection and reporting procedures.

Effective ways to inform employees about the whistleblower protection procedure:

• •Post clear information on the notice board in a visible location so everyone has easy access.
• •Send information by email – make sure the message is concise and covers the most important points.
• •Place documentation on internal IT resources.
• •Organise training sessions during which employees learn the procedure and get answers to additional questions.
• •Prepare an FAQ section as well as brochures or informational leaflets available in the workplace.
• •Raise the topic during regular team meetings to ensure everyone is aware of the procedures.
• •Launch an information campaign using posters, newsletters, or company social media to raise awareness.

Make sure all employees are aware of whistleblower protection procedures and know how to report irregularities safely and confidentially.