Action by the whistleblowing charity Protect has helped retain the ability for whistleblowers to get compensation for their non-financial losses. In the Employment Appeal Tribunal between Declan Durey and South Central Ambulance Service NHS Foundation Trust there was a risk that the established “injury to feelings”* award for whistleblowers could have been dismantled.
In a landmark decision handed down today (Oct 21 2024) by the Employment Appeal Tribunal (EAT), the door has been opened for UK charity trustees to receive protection from adverse treatment for making whistleblowing disclosures to a charity or to another relevant party. Until now, protection had not been available, due to the particular circumstances in which trustees work, often unpaid and without a contract.
Responding to the publication of the government’s Employment Rights Bill, Protect welcomes this long overdue strengthening of workers’ rights, but sees this Bill as another missed opportunity to improve whistleblowing law.
Protect has joined more than 25 leading whistleblowing and free expression organistions in calling for one of Europe’s largest fishing companies to drop its punitive legal action against an Icelandic visual artist. The artist, who goes by the name ODEE, has created a series of works drawing attention to alleged corruption committed by the Icelandic firm Samherji. The case centres on practices to secure fishing quotas in Namibia that were revealed in 2019 by the whistleblower, Jóhannes Stefansson, and is known as the #Fishrot Scandal.
A type of compensation claim that has been enshrined in law for more than 20 years is under threat at a hearing taking place this week. In the Employment Appeal Tribunal between Declan Durey and South Central Ambulance Service NHS Foundation Trust there is a risk that the established “Injury to Feelings” award for whistleblowers could be dismantled. Protect has been given permission to intervene in the case as it gives rise to important issues of public policy.
Reacting to the publication of the final report from the Grenfell Tower Inquiry today, Andrew Pepper-Parsons, the Director of Policy at whistleblowing charity Protect said: “We welcome the report’s recommendations for stronger regulation – but we must ensure that when people speak up to share critical concerns they are listened to and there is a duty on those in leadership positions to address the issues they raise.”
Former Foreign, Commonwealth & Development Office (FCDO) whistleblower, Josie Stewart has joined the whistleblowing charity Protect’s Advisory Council. With her expertise and commitment to exposing wrongdoing, Stewart is set to contribute significantly to the organisation’s mission of protecting whistleblowers and promoting transparency.
Protect, the UK’s whistleblowing charity, is intervening in an important case before the Employment Appeal Tribunal (EAT) which will consider whether charity trustees should have whistleblowing rights. There are nearly a million charity trustees in the UK. They are responsible for the proper governance of charities and have a duty to report wrongdoing when they see it. The case before the EAT will consider whether trustees can claim the protection of whistleblowing law if they suffer as a result of speaking up about wrongdoing.
Reacting to the Kings Speech today, Elizabeth Gardiner, Chief Executive of whistleblowing charity Protect said: “We welcome the introduction of a new #EmploymentRights bill, this is an opportunity for the government to fulfil its commitment to improve whistleblowers’ rights. Too many people in today’s workplace don’t have any protection if they speak up to stop harm.”
The former Veterans’ Minister Johnny Mercer has had his application to withhold the names of whistleblowers rejected by a public inquiry. Mr Mercer, the former Conservative MP for Plymouth Moor View, has repeatedly refused to name “multiple officers” who told him about alleged special forces murders in Afghanistan.
