©pcaw 2013 - 00 44 20 7404 6609 london 3 june 2014
TRANSCRIPT
©PCaW 2013 - 00 44 20 7404 6609
London
3 June 2014
NHS Chief ‘stopped fro
m speaking on
patient safety
Health service manager Gary Walker is the
first former NHS employee to break the so-
called “super gag”.
14 February 2013
BBC News
Charity calls results of NAO assessment 'troubling' after Cabinet Office, which sets whistleblowing policy, comes bottom
16 January 2014 The Guardian
Headlines
Cabinet Office and Treasury trail in government whistleblowing report
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Edward Snowden: a whistleblower, not a spy
He has published US government information. And it is for this – not espionage – that he will have to answer to the law.
2 July 2013The Guardian
Olympus whistleblower Michael Woodford
speaks outMichael Woodford, who blew the whistle on an accounting
scandal at Olympus, appeared at its shareholders' meeting and
demanded to know why he was fired as chief executive.20 April 2012The Independent
©PCaW 2013 - 00 44 20 7404 6609
PCaW definition:
Raising a concern about wrongdoing, risk or malpractice with someone in authority either internally and/or externally (i.e. regulators, media, MPs)
What is Whistleblowing?
©PCaW 2013 - 00 44 20 7404 6609
PCaW is an independent charity, founded in 1993. We provide:
free confidential advice to those concerned about wrongdoing in the workplace who are unsure whether or how to raise their concern
train organisations on policy and law of whistleblowing
campaign on public policy, and
promote public interest whistleblowing laws.
Public Concern at Work
©PCaW 2014 - 00 44 20 7404 6609
Advice Line - statistics
Over 26,000 requests for advice. Advised over 16,000 whistleblowers.
Source: PCaW
Public Concern at Work
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Advice Line - statistics
39% are public, 42% private and the remainder voluntary sector or unknown
Source: PCaW
Public Concern at Work
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Advice Line - statistics
Breakdown of types of wrongdoing
Source: PCaW
Public Concern at Work
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Experience of whistleblowers
Keep quiet?
Go outside?
Raise internally?
A concern about
malpractice
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The dilemma
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©PCaW 2013 - 00 44 20 7404 6609
83% of workers blow the whistle up to two times, usually internally.
15% of whistleblowers raise a concern externally. Even on the third attempt, 60% persevere with the internal option. Only 22 individuals raised a concern four or more times. Half of these went outside their organisation
74% of whistleblowers say nothing is done about the wrongdoing.
60% of whistleblowers receive no response from management, either negative or positive.
The Inside Story: research headlines
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The most likely response is formal action (disciplinary or demotion) (19%).
15% of whistleblowers are dismissed.
Senior whistleblowers are more likely to be dismissed.
Newer employees are most likely to blow the whistle (39% have less than two years' service).
The Inside Story: research headlines
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Public Concern at Work YouGov Survey 2013
• In the last two years, 1 in 10 workers said they had a concern about possible corruption, danger or serious malpractice at work that threatens them, their employer, colleagues or members of the public
• Two thirds raised their concern with their employer
• 83% said if they had a concern about possible corruption, danger or serious malpractice at work they would raise it with their employers
• 72% view the term whistleblower as positive or neutral
©PCaW 2013 - 00 44 20 7404 6609
Public Concern at Work YouGov Survey 2013
• 31% of respondents said if they had a concern nothing would stop them from raising it with their employer but others highlighted the following barriers to raising a concern:
o fear of reprisal (22%); o worry about what the response of colleagues would be (22%); o if managers were involved in the wrongdoing (21%); o fear of being identified (19%); o the belief that it wouldn’t be dealt with appropriately (20%), or that it
wouldn’t make a difference (i.e. no action would be taken) (20%); o fear of damage to their career (21%)
• 42% of workers said their employers have a whistleblowing policy compared with 29% in 2007
93% of respondents said they have formal whistleblowing arrangements in place
But 1 in 3 think their whistleblowing arrangements are not effective
54% said they do not train key members of staff designated to receive concerns
44% confuse personal complaints with whistleblowing
1 in 10 say their arrangements are not clearly endorsed by senior management
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Survey of UK organisations
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Promotes and protects open whistleblowing
Tiered disclosure regime, which emphasisesinternal whistleblowing, regulatory oversight and recognises wider accountability
Signals a change in the culture
International benchmark
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The Public Interest Disclosure Act 1998
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Lord Nolan’s praise for ‘so skilfully achieving the essential but delicate balance between the public interest and the interest of the employers’.
The Public Interest Disclosure Act 1998
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Whistleblowing Commission Report
Launched November 2013
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Terms of Reference
To examine the effectiveness of existing arrangements for workplace whistleblowing in the UK and to make recommendations for change.
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Code of Practice
• drafted a code of practice to be used as the basis for consultation
• code of practice to be rooted in statute • regulators to use CoP to assess those they
regulate • licencing and registration of any organisation
could be affected if fail to follow the CoP
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Code of Practice
15 recommendations for raising, handling, training and reviewing workplace whistleblowing including that:• confidentiality will be maintained where requested• clear assurances are given to staff about protection
from reprisal• specific individuals have responsibility for the
arrangements• there is a need for greater oversight of whistleblowing
arrangements by non-executive directors or equivalent • there is a review of the effectiveness of the
arrangements• key data around review is publicised
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Regulators
• regulators should have a clear procedure for dealing with whistleblowers
• feedback to the individual is vital (where possible)
• whistleblowing in regulatory annual reporting mechanisms, including in accountability hearings before Parliament.
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Regulators (cont.)
The information to be provided or published annually should include:a) the number and type of concerns received by regulators
from whistleblowers;b) the number of enforcement actions that have been
triggered or contributed to by whistleblowers;c) the number of PIDA claims that have been referred by the
employment tribunal service;d) the number of organisations which failed to have in place
effective whistleblowing arrangements and what action was taken as a result; and
e) what action has been taken to promote and enforce the Code.
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Recommendations
• No to the introduction of financial rewards or incentives for whistleblowing
• Simplification of PIDA including a non-exhaustive list of the types of ‘public interest’ information
• Additional categories of wrongdoing (gross waste or mismanagement of funds and serious misuse or abuse of authority)
• Broader scope of workers including those wrongly identified as whistleblowers
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Recommendations
• clearer anti-gagging provisions (Section 43J PIDA)
• when workers receive advice from an independent adviser on settlement, they also receive advice about the effect of section 43J PIDA.
• specialist training for ET judges• power of ET to make recommendations• referral of claim forms to regulators
©PCaW 2012 - 00 44 20 7404 6609
Whistleblowing headlines
