Speak Up and make
the difference
Presented by: Claire Batty, Policy Manager
Overview
Learning Outcomes:
•Enhanced your understanding of Whistleblowing and why
it matters
•Be able to describe common barriers to raising concerns
•Have shared some good practice ideas and examples
•Developed some practical tips on how to positively handle
whistleblowing matters
•Be able to health check your organisation and implement a
policy within a wider framework.
•Be able to identify further places for support
The Legislation
•The Public Interest Disclosure Act (PIDA) –sometimes referred to as the
‘whistle blowers’ legislation.
•Protects against unfair dismissal, detriment and victimisation.
•Legislation encourages and protects employees to report internally.
•Only in specific circumstances can concerns be raised externally and remain
protected.
•External reports can be made to
1) to a prescribed body or regulator
2) to wider audience e.g the press.
The disclosure must be in good faith, reasonable belief held to gain protection
from PIDA.
Justemployment: Whistleblowing
Cases in the Media
Just some of the Outcomes:
•Healthcare and legal structure changed
•Dismissal.
•Public confidence undermined
•Prosecutions and imprisonment
•Some Implications still to be understood…
Some further thoughts….
In half of all cases where staff know about a risk they are too scared
to speak up (RCN, 2004)
Q: Why is it hard to raise a concern?
Q: What barriers prevent or discourage this?
Where does Whistleblowing fit in?
How you perceive an issue often depends on how you deal with it.
So a concern could fit into any one of these areas.
Quality
Continuous Improvement
Complaints
Disciplinary & Grievance
Leadership
Training
Safeguarding
Recruitment & Induction
However concerns all have something in common:
• Start by ascertaining the facts
•undertake an appropriate investigation to determine a suitable course of action.
From a practical perspective knowing what policy to follow is often the first decision.
Differentiating between a grievance and a disclosure which could be protected under the
legislation is key.
Grievance or Disclosure
Protected Disclosure
Grievance
Tends to be a issue about
employment rights. The
person wishes to complain
about their treatment. They
have a personal interest in
ensuring the issue is
addressed.
VS
Tends to be about
malpractice or serious
wrongdoing such as
dangerous or criminal
activity which affect others.
A whistleblower is as a
messenger alerting others to
a concern and is not
expected to prove it.
Embedding practices which support concerns being raised
Re-framing Whistleblowing
Firstly there is no one size fits all
approach.
Complainant/Informant
However the following are recognised core
areas where some simple interventions
can support an effective early warning
system
•An ‘Open Door’ Culture
•Policies and procedures
•Recruitment and Induction
•Training
•Leadership and Supervision
•Governance & Accountability
Early Warning System
Free Feedback & an
Opportunity to Improve
Case Study
• Derek is a Senior Care Coordinator in a care home for
the elderly. Derek was on duty one day when he found
that carers had forgotten to give some residents their
medication, which included tablets for water retention.
Derek immediately told the homes manager what had
happened. The homes manager took the unused
medication and flushed it down the toilet.
Derek decides to report this to head office.
What have we learnt?
•A policy is a good place to start but not enough if not effective i.e either
not promoted, or worse contradicted
•Managers ultimately need to build trust and confidence.
•There is no right or wrong way, no silver bullet.
•Practices will depend on organisational size/structure, resources, culture
etc.
•Encouraging staff to speak up as early as possible and responding
appropriately is key
Taking the first steps
• Make a start – get a simple and clear policy that works
for your organisation
• Ensure this policy is embedded in the wider framework
of policies and procedures (D&G, Safeguarding,
Training)
• Brief and Train Key Managers
• Launch, communicate and reiterate to all
• Review progress and make changes where appropriate.
Communicate changes to build confidence that
positive change will happen
Getting Support
The Whistleblowing
Helpline
•Telephone and email advice, signposting,
support and guidance for the Health and
Social Care Sector.
Free & strictly confidential
•Website – tools, documents, guidance, updates
•Raising Awareness – networking, campaigns,
events
•Other services – training, review of policies,
organisational health checks
•Advisory – policy making
PICTURE OF THE WEBSITE
HERE
Getting Support
Other useful links:
•Trade Unions
•ACAS – employment advice
•Professional Bodies – Nursing
Council, Social Care
Organisation
•PCaW – charity
•Directgov & BERR
•Regulators – e.g CQC, HSE,
Ofstead, FSA etc
Questions & Answers