From Feb. 1, 2024, whistleblowers can receive free legal aid or mediation. This allows whistleblowers to better enforce their legal protections. This is intended to lower the barrier to reporting. Earlier, the psycho-social assistance pilot had already taken a more structural form.
Offering free legal help was an explicit wish of the House of Representatives and had already been promised by the Minister in 2022. This has finally been fulfilled. As of Feb. 1, 2024, whistleblowers have the right to legal counsel and mediation. To make the barrier to reporting as low as possible, it is free. Thus, there is no income or asset test and no co-payment. However, there must be a suspicion of wrongdoing, as defined in the Whistleblower Protection Act. That may present some challenges, because that definition is not very clear. Fortunately, reporters can turn to the House of Whistleblowers for advice. It is also the body that refers whistleblowers to the Legal Aid Board, which administers the scheme. Thus, the House assesses whether there is possible wrongdoing.
Wilbert Tomesen, chairman of the House for Whistleblowers responded as follows: “We are very pleased that we can start responding to a need we have been hearing from whistleblowers for years. Unfortunately, we still see harm done too often after reporting wrongdoing. It is therefore necessary that the people, who have done something in our common interest, and then got into trouble, are actually supported with free legal assistance.”
The legal aid scheme will be reviewed in 2028. Then it will be decided whether or not to go ahead with it and how.
In addition to legal representation, mediation between the whistleblower and the employer can be requested. Furthermore, the House has also been offering psycho-social support through Victim Support since 2022. Although this may vary from person to person, such a whistleblowing process does not go easy on many reporters. Reporters want to do the right thing, but can come under considerable pressure to do so from the employer and/or their personal environment if their jobs are at stake in the process. From our practice, we also know of cases where people are physically threatened. Some people can handle that better than others. Therefore, it is good that help is offered for this. In addition, the House also launched a small-scale stress reduction pilot. To our knowledge, this comprehensive support package for whistleblowers is quite unique, even internationally.
During the discussion of the Whistleblower Protection Act, financial support for whistleblowers was also discussed, for example, if they lose their jobs. They could then appeal to a fund. Such a fund could then be fed by the fines employers must pay for violating the law. We don’t hear much more about this. Perhaps it is too easily assumed that whistleblowers cannot now be harmed. Also, the House has not yet been given authority to impose fines. We would like to see this discussion followed up soon.
Want to know more about protecting whistleblowers? Then take our Whistleblower Protection Act course in practice. We also offer the course in-house and in English.
