Whistleblowerloven stiller ikke krav om anonymitet.
Modsat det indtryk man får, når man læser om de whistleblowersystemer, som er på markedet, så er man som arbejdsgiver ikke forpligtet til at indføre en ordning, hvor whistlebloweren er anonym, men alene en ordning, som sikrer fortrolighed om whistleblowerens identitet. Det betyder, at man kan indrette et system, hvor virksomheden kan se, hvem som har indberettet.
Fortroligheden betyder efter loven, at modtageren af indberetningen – fx HR-chefen – ikke må videregive oplysninger om whistleblowerens identitet.
Imidlertid skal man overveje, om ansatte vil have nok tillid til en sådan ordning. Særligt hvis der er tale om en virksomhed med en mindre god arbejdskultur og hvor de ansattes tillid til at ledelsen gør noget ved problemerne kan være begrænset og hvor whistlebloweren kan have en frygt for, at kravet om anonymitet ikke bliver håndhævet af ledelsen.
Formålet med whistleblowerloven er at sikre, at flere af de uacceptable forhold, som der kan være på en arbejdsplads, indberettes, men ved ikke at sikre anonymitet, så kan det risikeres, at loven ikke får den virkning.
Man kan også se det på den måde, at man som ansat jo hele tiden haft den mulighed at gå til ledelsen med den viden, som man har fået. Loven betyder, betyder her, at det klart fremgår, at der skal være fortrolighed om whistleblowerens identitet, men dette har virksomheden jo også hele tiden kunne beslutte.
Whistleblowerloven indeholder forskellige bestemmelser, som skal forhindre repressalier mod en whistleblower, som står frem, men spørgsmålet er, om det er tilstrækkeligt til at en typisk whistleblower vil føle sig tryg? Særligt i forhold til risikoen for ”social udstødelse” i forhold til de andre ansatte.
Ved at forblive anonym reduceres risikoen for eventuelle repressalier eller negativ indflydelse fra de involverede parter. I praksis vil anonymitet kunne hjælpe med at sikre whistlebloweren for negative konsekvenser.
Se nærmere det indlæg, som gennemgår whistleblowerens rettigheder her på bloggen.
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