Moving beyond legal compliance to creating a safe speak up culture
A common question I receive from clients is, “What is the difference between a whistleblower hotline and a speak up hotline?”
While there is no formal definition distinguishing the two, my experience has led me to advise clients that a whistleblower hotline typically adheres to the minimum requirements stipulated by prevailing whistleblower legislation for the jurisdiction in which the organisation operates. This means it only permits reporting of prescribed reportable conduct. In contrast, a speak up hotline is a more comprehensive program designed to enable employees, contractors, suppliers, and customers to report any issue affecting them or the organisation at an early stage.
Despite the focus on culture, corporate governance, and psychological safety in Australia and globally, some organisations still limit their ethics programs to meet only the minimum legal requirements.
In this article I will outline what the differences between a whistleblower hotline that meets legal and regulatory requirements and a broad-based speak up hotline that seeks to encourage and foster a culture of openness and transparency across an organisation.
Although this legislation is detailed, it often does not require organisations to establish a whistleblower hotline. However, it is generally considered best practice globally for organisations to provide both internal and external reporting mechanisms for whistleblowers to make protected disclosures.
An externally managed whistleblower hotline is considered valuable as they provide an independent, secure and confidential channel for employees to report serious concerns that limits the ability for the organisation to ‘sweep the disclosure under the rug’.
An effective external whistleblower hotline program should include a secure online platform that allows whistleblowers to make anonymous disclosures, thereby safeguarding their identity. This ensures compliance with legal requirements while protecting the whistleblower, enabling the organisation to investigate and address issues without revealing the whistleblower’s identity.
A whistleblower hotline is designed to meet legal and regulatory requirements. It focuses on reporting unlawful or improper conduct, known in Australia as ‘reportable conduct’. This includes fraud, corruption, and violations of laws or company policies. The main goal is to ensure the organisation complies with legal requirements while collecting disclosures of reportable conduct.
On the other hand, a speak up hotline is more extensive and seeks to encourage people within the organisation to speak up early and often on a much broader range of issues. Unlike whistleblower hotlines, speak up hotlines are not limited to legally defined misconduct or ‘reportable conduct’. They are designed to capture a wider array of issues or concerns from across the organisation bullying and harassment, sexual harassment and discrimination, breaches of policies, culture or ethical dilemmas, workplace health and safety issues, and even suggestions for improvement.
The key distinction is the breadth of the program. A good speak up hotline program virtually places no limits on what can be reported as the primary objective of a speak up hotline is to foster a culture of openness and continuous improvement. By providing a platform for employees to voice their concerns and ideas without having to second guess what they can speak up about, organisations can address potential problems before they escalate and create a more inclusive and responsive work environment.
Speak up hotlines empower employees to contribute to the organisation’s success by sharing their insights and experiences.
The key difference between the two lies in their scope and purpose. While a whistleblower hotline is focused on simply meeting legal and regulatory compliance and hearing about serious misconduct and wrongdoing, a speak up hotline is broader and aims to create a positive and transparent culture that is focused on continuous improvement. Both are essential for maintaining integrity in an organisational context, but they serve very different roles in achieving a transparent and positive workplace culture.
The main conflict between the two approaches is handling issues like bullying, harassment, or workplace grievances. A whistleblower hotline doesn’t accept such reports, so employees must use existing internal reporting mechanisms. Even with a strong culture, high levels of organisational trust, and a well-resourced HR department, some employees still feel unsafe using these channels and seek anonymity and protection offered by an externally managed hotline.
The reality is that most organisations, regardless of how strong their culture is, will always have underlying issues within their workforce. There will inevitably be employees who feel fearful or reluctant to voice their concerns. An independent speak up hotline program thus becomes an indispensable tool, offering these individuals a safe and secure alternative to report their issues, ensuring that their voices are heard without fear of retribution.
In conclusion, organisations that are truly committed to fostering a positive and transparent culture must consider the broader scope and benefits of a speak up hotline. While a whistleblower hotline meets essential legal and regulatory needs, it falls short in addressing the everyday concerns and suggestions seen, felt and heard by employees that can significantly impact an organisation’s culture.
By establishing a comprehensive speak-up hotline that allows for the reporting of a wide range of issues, executive teams and the organisation demonstrate their commitment to the organisation’s culture and values, showing a willingness to address concerns in real time. This approach not only aids in mitigating risks before they escalate but also empowers employees to make meaningful contributions to the organisation’s success.
For organisations serious about their people and their culture, a speak up hotline is not just an alternative—it’s a necessity.
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