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Protect Chief Executive Francesca West has responded to the Panorama programme on anti-Semitism in the Labour party and the use of NDAs to gag whistleblowers, which aired this week.

The programme featured eight whistleblowers who spoke of feeling undermined by senior Labour bosses in their efforts to speak up and tackle anti-semitism. They claim there was consistent interference in complaints they were trying to deal with.

Four of the whistleblowers, including former Labour general secretary Iain McNicol, who left his post last year, have broken non-disclosure agreements (NDAs) to come forward.

Former disputes officer, Louise Withers Green,  signed off with depression and anxiety, signed an NDA in return for not having to work her notice. She told the BBC she broke the NDA because she would not “be able to live with myself unless I speak up about the horrendous things that I know have been happening”.

Protect’s Chief Executive Francesca West said, “In March last year the Solicitors Regulatory Authority (SRA) issued a warning to all law firms in the overuse of NDAs. They also warned against the use of an NDA to conceal wrongdoing, harassment or misconduct towards others.

“It is hard to see why these NDAs were used against these Labour Party employees who have been appallingly treated for just wanting to do the right thing and correctly do their job. The NDA we have seen does not take account of the rights all workers have under the whistleblowing legislation and is a terrible indictment of the culture in the Party. We know it is an incredibly difficult decision for a person to make public their concerns, and a number of these individuals have clearly flagged the incredible toll this has taken on their own mental health. Such individuals are worthy of our praise and support and we are deeply concerned about the response from the Labour Party.”

Protect have been very vocal on our views that NDAs need to have clearer legislation as we believe they currently prevent whistleblowers from speaking out over gagging fears and threats of legal costs. Protect gave evidence to the Women & Equalities Select Cttee into NDAs as well as the Government’s Consultation into NDAs.

Please note the Protect Advice Line will close a little earlier on Friday July 12 to allow staff to take part in our annual summer party.

We apologise for any inconvenience caused. The Advice Line  020 3117 2520 will re-open as usual on Monday.

Thank you

Read the debate in full from Hansard

By Protect Adviser Laura Fatah

I am a student from the US, studying Psychology and Law, Societies & Justice, who has the amazing opportunity of living and working in the UK and joining the team at Protect for the next seven weeks as an intern. I had a good idea of the work Protect did, but it was not until my first few days in the office that I got to learn about the fascinating and brave stories about whistleblowers and Protect’s noble dedication to advising both whistleblowers and businesses to stop harm and wrongdoing in the workplace.

During my first week, I became more familiar with what the staff at Protect do, which includes their focuses on advocating for whistleblowers through their advice line, as well as through campaigning for changes in public policy for the rights of whistleblowers. 

On my second day, I had the great privilege of joining three of my co-workers, as well as NHS whistleblower Chris Day, at Parliament to watch a debate (July 3) in the House of Commons on whistleblowing. Being able to leave the office setting, especially on only my second day, and attend a government debate on my internship’s exact area of expertise was quite exciting, and exhibited how important the work that the staff at Protect is doing. In addition, meeting Chris Day, a junior doctor who has experienced extreme mistreatment for choosing to speak up about his concerns, was highly valuable as I was actually able to meet an individual who has been directly affected by the lack of support and protection for whistleblowers.

Watching this debate allowed me to understand more deeply why laws to protect whistleblowers are needed to be reformed and expanded. Many of the members of Parliament in the debate brought up personal stories to exhibit the impact that speaking up, or the lack of speaking up, has on individuals – sometimes, it even costs people’s lives. While it was interesting to see government officials debate the topic, I also was able to pick up on the fact that while the general consensus of the debate was that extra laws and protections are highly necessary to protect the rights and dignity of people who blow the whistle, there is much less of a consensus or a clear plan on how to implement an update on the whistleblowing law. This is the area where the staff at Protect can come in and advise – since Protect works directly with whistleblowers, and is a legal charity, we understand the extent of what these cases look like and know what the next steps should be to get us to a place where whistleblowers are fully protected and where no worker feels hesitant to raise a concern in their workplace. 

Following the debate, we all met to de-brief the debate and discuss the next steps. Although the fact that members of Parliament held a debate on whistleblowing is significant, my co-workers knew that this debate was only the start of the attempt to change public policy on whistleblowing to allow more types of workers to be protected. They went over the key points of the debate, and outlined a plan for the next steps to take, which included a scheduling of a follow-up meeting with MPs of the debate to discuss legislation and reform. 

Overall, this experience during my first work was highly valuable for me in understanding the nobility of Protect and what we do, and in being able to see members of Parliament engage in discussion on the matters that we at Protect engage in on a day-to-day basis. 

(L-R Protect’s Adviser Laura Fatah, Head of Policy Andrew Pepper-Parsons, Chris Day and Brooke Bunn) 

By Brooke Bunn

Protect has briefed Norman Lamb MP on why whistleblowing legislation, the Public Interest Disclosure Act needs reforming.

We will write a summary of the debate, or watch it live from 3-5pm today, July 3 on Parliament TV

Read our brief here: Parliamentary Briefing for Backbench Whistleblowing Debate July 2019

Today I’m leading a debate in the House of Commons on whistleblowing with @stephenkerrMP. Whistleblowers should be celebrated, not denigrated. We need a review of whistleblowing laws and the introduction of proper protections. pic.twitter.com/Ot8fI4ukQe

— Norman Lamb (@normanlamb) July 3, 2019

With so many corporate scandals making headline news on a daily basis, can you be sure your company has a healthy speak up culture? Are you confident your staff are comfortable to speak up about a wrongdoing they have witnessed at work? 

With new guidelines introduced by the UK Corporate Governance Code which explicitly states “the workforce should be able to raise any matters of concern”, it is more important than ever to foster a positive ‘speak up’ and ‘listen up’ culture. 

The City of London Corporation are inviting listed companies to attend a two-hour breakfast briefing on July 8, which includes a roundtable session, to better understand best practice speak up arrangements.

This event will explore how organisations can implement appropriate arrangements to encourage and support employees to raise concerns. It is not only the regulators who are taking an increasing interest in this topic, but also investors who may rely on the reporting of these arrangements as an indication of a company’s culture and overall health.

Catherine McGuinness, Chair, Policy and Resources Committee, City of London Corporation will welcome delegates. As Chair of the Policy Committee, Catherine is Deputy Chair of The City UK, the promotional body for the UK financial services industry, and the International Regulatory Strategy Group.

This will be followed by a presentation by Senior Behavioural Scientist Kate Coombs on the Banking Standards Board’s recent Annual Review and its focus on speaking and listening up.

Protect Chief Executive Francesca West will discuss the importance of effective speak up arrangements and Protect’s 360 Benchmark and then Mirza Baig, Global Head of Governance, Aviva Investors, will present on the investor perspective and the importance of reporting in this context. A brief roundtable exercise focusing on key aspects of implementing and reporting on effective speak up arrangements will also take place.

Fostering a positive speak up & listen up culture – Agenda:

08:00-08:30 Registration and networking with light breakfast served

08:30-08:40 Welcome from Catherine McGuinness

08:40-08:55 Presentation by Kate Coombs on the Banking Standards Board’s recent Annual Review and its focus on speaking and listening up

08:55-09:10 Presentation by Francesca West on the importance of effective speak up arrangements and Protect’s 360 Benchmark

09:10-09:25 Presentation by Mirza Baig on the investor perspective and the importance of reporting in this context

09:25-10:20 Roundtable exercise focusing on key aspects of implementing and reporting on effective speak up arrangements and feedback to the wider group

10:20-10:30 Closing remarks

Please note that places are limited so will be allocated on a first-come first-served basis. Please feel free to share with relevant colleagues.

If you are interested in attending, or would like more information, please email Pro.Events@cityoflondon.gov.uk

A draft law proposed by Spanish anti-corruption activist group Xnet, is set to make Spain the first country in the European Union to transpose the European Directive for the Whistleblowers’ Protection.

The Draft Law was registered shortly after the opening of the registry in the Parliament, on 30 May. It was registered with the support of 15 MPs. On Thursday, June 13, the draft law will be presented to the press.

Xnet is a pioneering organisation in Spain leading the way in the defence of whistleblowers, anticorruption and democracy innovation in the digital era, and a member of WIN, Whistleblowing International Network (WIN) which is a founding partner of Protect.

The Xnet draft law marks an extremely important milestone as the first transposition of the European Whistleblowers’ Directive, and Xnet hopes it will prove to be an example that is replicated to the same standards across many other European member states.

Executive Director of WIN, Anna Myers, said, “The only way for whistleblower protection laws to make a real difference is if they are developed and supported by civil society who understand the challenges and the opportunities that protecting whistleblowers has for benefitting the public. WIN is delighted that Xnet has taken a lead in Europe to integrate the new EU Directive in a whistleblower law for Spain that reflects the Spanish experience and addresses the legal and social challenges that face public interest whistleblowers in that country.  Now is the time to push for the progressive laws across Europe that really make a difference.”

As Xnet text is a milestone for the fight for whistleblowers in Europe, the following organisations and persons (all of whom have extensive experience in the fight for regulations to defend those who blow the whistle on systemic abuses)  support the Comprehensive Whistleblowers’ Law created by Xnet:

– Whistleblowing International Network (WIN) – Anna Myers
– The Signals – Delphine Halgand
– Government Accountability Project – Tom Devine
– European Centre for Whistleblower Rights and the Southeast Europe Coalition on Whistleblower Protection.
– Government Accountability Project of the National Whistleblowers Centre.
– Eva Joly, magistrate and former MEP
– Protect (formerly Public Concern at Work)
– European Center for Whistleblower Rights – Mark Worth

Read the Xnet draft law proposal in full