Jersey has taken a significant step towards introducing formal whistleblowing protection, with the publication of a draft law designed to safeguard those who speak up about wrongdoing.
Viewed in the context of Channel Eye’s Financial Services focus this week, the move reflects a broader shift in governance expectations across the sector.
The proposed legislation sets out how individuals can raise concerns and the circumstances in which they would be legally protected. At present, Jersey has no statutory whistleblowing framework – a gap the draft law is intended to close.
Closing a long-standing gap
The move follows a 2023 States Assembly proposition calling for stronger protection and reflects growing recognition that individuals can face real personal and professional risk when reporting misconduct.
The draft law introduces a formal ‘protected disclosure’ regime. Individuals who raise concerns in line with the law would be protected from retaliation, including dismissal or other detrimental treatment, with the ability to bring claims before the Employment and Discrimination Tribunal.
Importantly, the protection extends beyond employees to a wider group, including workers, contractors and certain office holders – reflecting the structure of Jersey’s economy.
What the draft law provides
The draft legislation sets out a clear framework for what qualifies as a protected disclosure and how protection applies. It:
- Defines qualifying wrongdoing, including criminal offences, breaches of legal obligations, risks to health and safety, environmental damage and concealment of any of these
- Requires disclosures to be made in the public interest and through appropriate channels
- Establishes legal protection where individuals suffer detriment as a result of speaking up
- Enables claims to be brought before the Jersey Employment and Discrimination Tribunal
The law focuses on protection rather than prescription. It does not mandate specific whistleblowing procedures, but it does create clear legal consequences if individuals are penalised for raising concerns.
Guernsey and the Isle of Man sit at opposite ends of the spectrum on whistleblowing. Guernsey has no dedicated statutory regime, relying instead on internal policies and regulator channels, which offer no formal legal protection for individuals who raise concerns. By contrast, the Isle of Man already operates a well-established ‘protected disclosure’ framework, broadly aligned with the UK, giving employees and other workers legal protection from detriment or dismissal when reporting wrongdoing.
Industry reaction: clarity and questions
Early legal commentary suggests the direction is clear, but not without complexity.
Daniel Read, partner and head of the Jersey employment team at international law firm Walkers: “While the intention is to introduce a clear and accessible framework, some aspects of the draft law go further than the UK regime and may lead to uncertainty, particularly around the scope of protection and the obligations placed on recipients of disclosures. How these provisions are interpreted in practice will be closely watched as the proposals progress.”
Jo Powis, senior counsel in the Channel Islands employment team at international law firm Walkers: “The draft law represents a significant development for Jersey, but its more prescriptive approach to protected disclosures, combined with its wide definition of protected groups, is likely to raise practical questions around how protected parties are identified in practice.”
A shift in governance expectations
For businesses, particularly in financial services, this is not just a compliance development. It is a governance test.
Until now, whistleblowing has largely been treated as a policy choice. That position is about to disappear.
Once enacted, the question will no longer be whether staff feel able to speak up – but whether firms can demonstrate that they are protected when they do. Because when something goes wrong, the issue will not be whether a concern was raised. It will be whether the organisation responded in a way that can withstand scrutiny.
What happens next
The draft law has been published for feedback and is expected to be taken forward by the next States Assembly following the June election.
Jersey is moving from encouraging people to speak up – to protecting them when they do. For employers, that shifts the risk. Silence is no longer the problem. What happens after someone speaks may be.
What boards should do now
- Treat whistleblowing as a governance issue, not an HR policy
Board oversight – not just policy wording – will come into focus. - Test whether concerns can actually be raised safely
A policy is not the same as a culture. Quiet channels and informal barriers matter. - Map who is covered
The draft law’s wider definition of protected individuals means contractors and non-traditional roles may fall within scope. - Review how disclosures are handled
The risk is not just the report itself, but the response. Documentation, escalation and independence will matter. - Assume scrutiny after the event
Decisions taken in real time may later be examined in detail. “We acted reasonably” will need evidence.
