In Jersey, there is no statutory protections for whistleblowers – but it may be here in Dec 2024!!.

As reported by Comsure on September 9^th the Jersey Financial Services Commission (JFSC) encourages whistleblowing to help identify regulatory misconduct.

• https://www.comsuregroup.com/news/whistleblowing-to-the-jfsc-the-jfsc-has-updated-its-whistleblowing-page-on-its-website/

However as at writing today, Sept 11, In Jersey, there are currently no specific statutory protections for whistleblowers.

There is however a move to change this situation. Lodged au Greffe on 27th June 2023 by Deputy C.S. Alves of St. Helier Central [C.Alves@gov.je], was the following motion:-

• THE STATES are asked to decide whether they are of opinion to agree that Whistleblowing legislation should be introduced, and to request the Chief Minister, in consultation with the Council of Ministers, to bring forward the necessary legislation for approval by the Assembly prior to the end of June 2024.
• https://statesassembly.gov.je/AssemblyPropositions/2023/P.47-2023.pdf
• However, an amendment has been proposed to extend this deadline to December 20242. https://statesassembly.gov.je/assemblypropositions/2023/p.47-2023%20amd.pdf

So we are told the Jersey Sates have agreed that Whistleblowing legislation should be introduced, and to request the Minister for Social Security, in consultation with the Council of Ministers, to bring forward the necessary legislation for approval by the Assembly prior to the end of December 2024.

Therefore, until such time as jersey introduces legislation, this means that, unlike in the UK, there are no legal measures to compensate whistleblowers for any losses incurred, such as loss of employment, after making a disclosure.

Therefore, Whistleblowing in Jersey without legal protections can be quite risky. Here are some potential risks whistleblowers must consider:

1. Retaliation:
• Without legal safeguards, whistleblowers may face retaliation from their employers, such as being fired, demoted, or harassed¹.
2. Legal Consequences:
• Whistleblowers might be sued for breach of confidentiality or defamation³.
3. Career Impact:
• The act of whistleblowing can damage the whistleblower's professional reputation, making it difficult to find future employment¹.
4. Personal Stress:
• The process can be emotionally and mentally taxing, leading to stress and anxiety¹.

In considering the above it is crucial for whistleblowers to seek legal advice and consider the potential consequences before proceeding.  

Source:  

1. Deputy Carina Alves is bringing a States vote demanding legal protection and compensation for whistleblowers https://www.islandfm.com/news/jersey/whistleblowing-law-called-for/
2. https://www.comsuregroup.com/news/whistleblowing-to-the-jfsc-the-jfsc-has-updated-its-whistleblowing-page-on-its-website/
3. THE STATES are asked to decide whether they are of opinion …. https://statesassembly.gov.je/AssemblyPropositions/2023/P.47-2023.pdf / https://statesassembly.gov.je/assemblypropositions/2023/p.47-2023%20amd.pdf
4. Whistleblowing in Jersey: a need for statutory protection?. https://www.oben.je/whistle-blowing-jersey-statutory-protection/.
5. Whistleblowing Law Called For - Island FM. https://www.islandfm.com/news/jersey/whistleblowing-law-called-for/.
6. Whistleblowing policy for public servants - Government of Jersey. https://www.gov.je/Working/WorkingForTheStates/PoliciesAndProcedures/PeopleServices/Pages/WhistleblowingPolicy.aspx.
7. STATES OF JERSEY - States Assembly. https://statesassembly.gov.je/AssemblyPropositions/2023/P.47-2023.pdf.
8. Whistleblowing: UK employment law - CIPD. https://www.cipd.org/uk/knowledge/employment-law/whistleblowing/.
9. Make do or mend: What's next for UK whistleblowing law? - Addleshaw Goddard. https://www.addleshawgoddard.com/en/insights/insights-briefings/2021/employment/make-do-or-mend-uk-whistleblowing-law/.
10. European Union Whistleblower Directive: A ‘Game Changer’ for .... https://academic.oup.com/ilj/article/49/4/640/5941617.
11. Government reviews whistleblowing laws - GOV.UK. https://www.gov.uk/government/news/government-reviews-whistleblowing-laws.
12. Whistleblowing: Guidance for Employers and Code of Practice - GOV.UK. https://assets.publishing.service.gov.uk/media/5a819ef5e5274a2e87dbe9e3/bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practice.pdf.
13. Which Way Does the Whistle Blow? Whistleblowing Laws Under Review by .... https://hr4uk.com/news/which-way-does-the-whistle-blow-whistleblowing-laws-under-review-by-government/.