They might call out a dodgy brand on TikTok, but when it comes to wrongdoing in the workplace, some Gen Z employees still won’t knock on HR’s door.
Contrary to popular belief – and countless think pieces – Gen Z aren’t storming HR with pitchforks; in fact, research suggests they’re the least likely to speak up about workplace wrongdoing.
A recent YouGov survey commissioned by Protect, a whistleblowing charity, found that 18-24-year-olds (“Gen Z”) are less likely to report workplace misconduct than any other generation. For example, when it comes to blowing the whistle over workplace health and safety concerns, Gen Z were found to be 30% less likely to make a report than employees aged 55 and over. Similarly, in instances of sexual harassment – which ranked among Gen Z’s chief workplace concerns – only 67% would make a formal report compared to 76% of 25-34-year-olds.
This raises an important question: why? One explanation is the different attitudes towards social media between generations. Gen Z are five times more likely to post on social media about workplace wrongdoing than those aged 55 and above, but this statistic doesn’t necessarily tell the whole story: only 5% of surveyed 18-24-year-olds said they would turn to social networking sites.
Sybille Raphael, Legal Director at Protect, has alternatively suggested, that the reason for the shift in attitude between Gen Z and other generations is that they “are less clear about what to raise and how to raise [it] to their employer”. Perhaps the Government agree – the upcoming Employment Rights Bill proposes several amendments to the current whistleblowing regime in an effort to reduce its complexity: expanding the range of wrongdoing that can be reported and safeguarded and simplifying the test for automatic unfair dismissal in whistleblowing cases.
These changes, however, are not yet confirmed and will likely not take effect until mid-to-late 2026 at the earliest. So, what is the state of play for whistleblowing right now?
- Step 1: Identify wrongdoing. Not all concerns will qualify for whistleblowing protection. The employee must reasonably believe that one of the following types of wrongdoing has occurred, is occurring, or is likely to occur:
- A criminal offence
- A breach of a legal obligation
- A miscarriage of justice
- A danger to the health or safety of any individual
- Damage to the environment
- Deliberate concealment of any of the above
The belief doesn’t have to be correct, just reasonably held.
- Step 2: Is it in the public interest? To be protected, the disclosure must also be made in the public interest, meaning the issue affects more than just the employee personally. This doesn’t require certainty or proof, just a reasonable belief that others (such as colleagues, customers, or the wider public) could be affected. The courts have tended to interpret this test quite broadly, so if the employee’s concern is genuinely and reasonably held, there is a good chance this requirement will be met.
- Step 3: Make a disclosure. The employee must disclose the relevant facts related to the wrongdoing, either verbally or in writing. This can include what they have witnessed, any supporting evidence, and who is involved.
- Step 4: Inform a “qualifying person”. To gain legal protection, the disclosure must be made to a recognised person or body, such as:
- the employer, or
- a legal adviser (in the course of obtaining legal advice).
In certain circumstances, a disclosure can also be made to prescribed regulators or other appropriate bodies/ third parties, but strict conditions apply in these cases.
Provided an employee complies with the above steps, they will have made a “protected disclosure” and will therefore be entitled to whistleblowing protections (regardless of which generation they belong to!).
These whistleblowing protections are significant, as they shield the employee from being subjected to a detriment or dismissed because of the disclosure.
If an employer violates these protections, the employee may be entitled to several legal remedies, including uncapped compensation and an award for injury to feelings.
Our team are experienced in providing advice relating to whistleblowing and whistleblowing protections. Please get in touch with [email protected] should you require assistance.
