Freshfields Whistleblowing Survey 2023 – Employers should review messaging and training around whistleblowing policies

Dear Sir or Madam,

Please find attached our Whistleblowing Survey 2023. We have gathered the views of over 2,500 managers in large companies to gauge their attitudes towards whistleblowing and how they may have changed since our last survey in 2020. Key findings are highlighted in the press release below.

Notably for companies with a European footprint, the 2023 data reveals that the EU Whistleblowing Directive has had a limited impact so far, despite it being the first regional whistleblowing framework, which was branded as a potential global standard and was expected to change the European landscape as far as whistleblowing was concerned. The impact of the Directive may be yet to come, given that most member states missed the original December 2021 implementation date.

Please reach out to me in case of question, especially regarding the situation of whistleblowing in Italy. Our employment partner Luca Capone from our Milan office is available to contextualize the results.

Many thanks and best regards

Parissa Kerkhoff
Senior PR & Communications Manager

Freshfields Bruckhaus Deringer

Rechtsanwälte Steuerberater PartG mbB
Feldmühleplatz 1

40545 Düsseldorf
T +49 211 49 79 230 | M +49 172 2530176
freshfields.com

Media Release

Employers should review messaging and training around whistleblowing policies in the new world of work, reveals Freshfields’ latest global survey

• Less than half of respondents felt that the ‘average employee’ at their company would know what to do should a whistleblowing incident occur
• Almost two in three respondents in France think managers are not properly trained on whistleblowing procedures versus one quarter globally
• More managers want the identity of a whistleblower revealed, with 63 per cent in favour globally and more than eight in 10 supportive in the U.S.

Global law firm Freshfields Bruckhaus Deringer (‘Freshfields’) unveils its new global survey which confirms that whistleblowing, and the promotion of a strong speak-up culture, continues to be a hot topic for businesses around the world. With whistleblowing in the spotlight, global businesses need the right policies and processes in place to deliver an effective speak-up culture and support employees.

The firm surveyed more than 2,500 managers in the U.K., U.S., Hong Kong, Germany and France, and the data showed increased involvement in whistleblowing overall since 2020, with more than four in 10 respondents reporting being involved in whistleblowing in some form. Less than half of respondents felt that the ‘average employee’ at their company would know what to do should a whistleblowing incident occur, raising the importance of effective procedures and awareness of them.

Knowing the identity of the whistleblower is important to more people globally than it was in 2020, with more than six in 10 respondents in favour versus 50 per cent last time around. The most notable shift in attitudes came from the U.S., with 81 per cent raising the importance of identifying the whistleblower – a significant increase from just a quarter of respondents in 2020.

Training initiatives continue to be important to support employees, with one quarter of people feeling that managers were not properly trained on speak-up procedures. This was most likely to be the case in France, where almost two in three respondents (64 per cent) believed managers were not properly equipped to deal with personnel issues of this sort.

Freshfields People & Reward partner Holly Insley said: “Our latest research demonstrates that having a robust framework for whistleblowing and compliance in business should be prioritised by clients across sectors. The rise of whistleblowing laws around the world, coupled with heightened regulatory scrutiny, means whistleblowing is a topic that is staying top of c-suite agendas. It’s critical that organisations provide clear messaging on policies and reporting routes, and proactively raise awareness with colleagues to prevent reputational and financial risk later down the line.”

Freshfields Disputes Resolution partner Adam Siegel said: “We know that a broader focus from stakeholders on corporate culture and employee behaviour is driving a change in attitudes towards whistleblowing. It is also impacting expectations as to how whistleblowing matters are handled. Companies must grapple with those expectations against the backdrop of significant changes in the workplace, with remote and hybrid working arrangements becoming the norm for many global employers.”

Further highlights from the new research include:

• Almost 28 per cent of respondents thought that the #MeToo movement had prompted their companies to improve their whistleblowing procedures (up 10 per cent from 2020)
• 85 per cent of respondents felt that remote and hybrid working practices have had a long-term impact on whistleblowing. However, opinions were split over the ‘why’ and ‘how’:
• 29 per cent said that agile working practices had resulted in less whistleblowing because they were less likely to see or hear issues
• An equal amount (29 per cent) felt that employees generally felt more comfortable blowing the whistle because of the privacy afforded by homeworking

The firm gathered the views of more than 2,500 managers – across various levels of seniority and responsibility in large companies and 13 industries in the U.K., U.S., Hong Kong, Germany and France – to gauge their attitudes towards whistleblowing and how they may have changed.

This is the fourth instalment of the Freshfields Whistleblowing Survey. Further information on this year’s report can be found here.

For further information, please contact Christian Seidenabel, Head of Communications Continental Europe (T +49 69 27 30 88 12 | E christian.seidenabel@freshfields.com), or Parissa Kerkhoff, Senior PR & Communications Manager (T +49 211 49 79 230 | E parissa.kerkhoff@freshfields.com).

About Freshfields Bruckhaus Deringer
Freshfields Bruckhaus Deringer is a global law firm. We have a long history of successfully assisting the world’s leading industrial and financial companies, institutions and governments with their complex projects, transactions and challenges. Whether from our 28 offices in the world’s major business and financial centres or with leading local law firms, our more than 2,800 lawyers provide comprehensive business law advice and combine their expertise to deliver decisive legal and industry solutions for our clients.

If you no longer wish to receive press releases in the future, please answer to this email.

www.freshfields.com/support/legalnotice