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Belfast
22 November 2013
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Whistleblowing headlines
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Whistleblowing headlines
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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 2013
The Guardian
Ryanair sacks pilot over Channel 4
Dispatches Programme
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What is Whistleblowing?
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PCaW definition:
Raising a concern about wrongdoing,
risk or malpractice with someone in
authority either internally and/or
externally (i.e. regulators, media,
MPs)
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Public Concern at Work
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.
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Public Concern at Work
Helpline – our approach
What is the risk?
Who do you want to tell?
What is stopping you?
Bullying
Ulterior motive
Professional duty
Personal involvement
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Public Concern at Work
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Advice Line - statistics
Circa 25,000 requests for advice. Advised nearly 16,000
whistleblowers to date. Over 2500 new cases so far in
2013
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Source: PCaW
Public Concern at Work
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Advice Line - statistics
35% are public, 44% private and the remainder voluntary
sector or unknown
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Source: PCaW
Public Concern at Work
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Advice Line - statistics
Breakdown of types of wrongdoing
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Source: PCaW
Experience of
whistleblowers
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The dilemma
Raise
internally?
Keep quiet?
Go Outside?
A concern
about
malpractice
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The Inside Story: research headlines
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 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.
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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).
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Silence in the City?: research headlines
 More than three quarters (77%) of whistleblowers from the
financial services industry are ignored when they first raise
concerns
 Almost one in five whistleblowers from the sector (18%) go straight
to external regulators.
 Only 37% of workers raised a concern more than once. After the
first attempt, four in ten (39%) went to external regulators, this
compares to just 11% across all industries.
 Further findings demonstrate that workers’ lack of trust in their
superiors may be well-founded: of those that reported a response
from management, 42% reported being dismissed after raising a
concern once. This compares to 24% from across all industries.
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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
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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
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Survey of UK organisations
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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The missed message
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All too often the inquiries into these disasters and scandals have
shown that staff knew of the dangers before any damage was done but
had:
been too scared to speak up;
spoken to the wrong people; or
raised the matter only to be ignored.
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The Public Interest Disclosure Act 1998
Promotes and protects open whistleblowing
Tiered disclosure regime, which emphasises
internal 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
Lord Nolan’s praise for ‘so skilfully achieving the essential but delicate balance between the
public interest and the interest of the employers’.
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The scope of PIDA
Applies to almost every worker
Wide definition of wrongdoing
Application overseas
Burden of proof reversal
Full compensation
Impacts on gagging clauses and secrecy offences
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Changes to PIDA
The following changes came into force on 25 June 2013. For
consultation in Northern Ireland.
Public interest test to replace good faith test for a disclosure to be
“protected” under PIDA
Good faith will only be relevant to compensation when a claim is won
(the tribunal may deduct up to 25% of the compensation if found the
claimant made the disclosure in bad faith)
Liability for co-workers who victimise whistleblowers.
 Employers can be held vicariously liable for these employees.
 Reasonable steps defence for employers.
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Good governance
Good whistleblowing arrangements
provide staff with a clear message
that there is a safe alternative to
silence. They:
Deter wrongdoing
Detect wrongdoing early
Make management work
Demonstrate an accountable organisation
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Good whistleblowing policy
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1.
Lead from the top – taking malpractice seriously and
distinguishing a whistleblowing concern from a grievance.
2.
Option to raise concerns outside of line management.
3.
Access to confidential advice from an independent body.
4.
Respect the confidentiality of a member of staff raising a
concern when requested.
5.
Clear about when and how concerns may properly be raised
outside the organisation (e.g. with a regulator).
6.
Victimisation of a bona fide whistleblower (even when mistaken)
is a disciplinary offence as it is for someone to deliberately make
a false allegation.
7.
Audit, review and public reporting?
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Grievances and Concerns
Grievances
Concerns
risk is to self
risk is to others
need to prove case
tip off or witness
rigid process
pragmatic approach
legal determination
accountability
private redress
public interest
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Policy messages
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Ask yourself if your policy
Gives employee confidence on whether / how to raise a
whistleblowing concern
Is helpful to a manager confronted with a difficult
whistleblowing concern
Offers Assurance to Board / regulator that staff are
encouraged to raise any significant issues
Good whistleblowing arrangements
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1.
Lead from the top (designated responsibility for oversight and
day-to-day management)
2.
Policy conforms to good practice
3.
Consultation with staff
4.
Promotion, communication and confidence
5.
Training of designated officers and managers
6.
Logging
7.
Audit and review (numbers, type, outcome, feedback from
whistleblowers and staff trust and confidence)
The Whistleblowing Commission
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1. ATTITUDES TO WHISTLEBLOWING
From individuals, organisations and wider society
2. LAW AND POLICY
Is it adequate and effective?
3. REGULATORS
Should they be doing more?
4. REWARDS
How can whistleblowing be incentivised?
5. TRIBUNALS
Are they protecting whistleblowers and society at large?
Please visit www.pcaw.org.uk/whistleblowing-commission
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