Whistleblowers now able to receive free legal aid
Whistleblowers are entitled to free legal aid and conflict mediation since last Thursday, January 31. This was announced by State Secretary Alexandra van Huffelen (Digitalization) and Minister Franc Weerwind (Legal Protection) together with the House for Whistleblowers. They hope that this will encourage more people to speak up about social grievances and will not be deterred by the threat of a legal dispute with their employer.
Employees who wish to make use of this regulation can contact the House for Whistleblowers. The office will then check whether there is reasonable suspicion of social misconduct that falls under the Whistleblower Regulation. If this is the case, the reporting person can apply to the legal aid authority for legal assistance. It does not matter how much income or assets the whistleblower has. They also do not have to make a personal contribution.
Whistleblowers often become entangled in cost-intensive legal proceedings, the House for Whistleblowers reported in its latest annual report. This often prevents them from sticking their neck out. Wilbert Tomesen, Chairman of the House, believes it is "necessary that people who have done something in the interests of us all and then got into trouble are actually supported with free legal aid."
The Tweede Kamer has long campaigned for better protection for whistleblowers. Last fall, SP MEP Nicole Temmink proposed that legal aid for whistleblowers should not be provided via legal aid, as is currently the case, but via a separate fund. She justified this by arguing that the compensation from legal aid is not always sufficient for the often complex cases of whistleblowers. However, her motion did not receive enough support. But the parties that voted for it now have a majority in the Twedde Kamer after the elections.
Nevertheless, Van Huffelen and Weerwind were satisfied with the regulation. "After all, a whistleblower reports something in the public interest and should therefore not be left alone," said the State Secretary.
“It takes courage to address abuses. Only then can something be done about these abuses. That is why we must protect whistleblowers and provide them with the legal support they need. From February 1 of this year, they can therefore use free legal assistance or mediation,” Weerwind stated.
Reporting by ANP and NL Times