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Protect – Speak up stop harm
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Free, confidential whistleblowing advice
Call us on 020 3117 2520 or email us

whistleblowers

Two Steps Forward and One Step Back – the Final Outcome for Whistleblowing Reform in the Employment Rights Bill

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On the afternoon on Monday 15th September the government voted to overturn an amendment in the Employment Rights Bill to strengthen protections for whistleblowers. The amendment – which had been voted in by peers in the House of Lords – would have required the government to broaden unfair dismissal grounds and, for the first time, require large employers to take reasonable steps to investigate whistleblowing concerns.

Initial thoughts on the Hillsborough Bill – what does it mean for whistleblowers?

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The long-awaited Public Office (Accountability) “Hillsborough” Bill has been published aimed at ending ‘the culture of cover-ups and hiding the truth, ensuring transparency, accountability, and support for bereaved families’. The closing of ranks and cover ups from people who should be protecting the public formed an all too depressing theme for many disasters including the Grenfell Tower fire, the Infected Blood Scandal and the Post Office/Horizon scandal. However, candour means always telling the truth – not just to coroners and inquiry chairs – and the Bill’s ambitious aims will not be realised if whistleblowers are too afraid to come forward, or if – when they do – their concerns are ignored.

What can the UK learn from the US approach to rewarding whistleblowers? 

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In the UK, financial regulators regularly benefit when whistleblowers pass on information but they rarely step in to protect individuals if their employer penalizes them for speaking up. With the Serious Fraud Office and HMRC now planning to introduce US-style whistleblower reward schemes to compensate people who report corporate crime within their own organisation, for Financial Regulation International’s whistleblowing special issue, we explored what lessons could be learnt from across the pond.  

Another blow in battle for freedom of speech and artistic expression 

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The Icelandic artist ODEE has lost his request to appeal against the fishing company Samherji regarding intellectual property infringement, malicious falsehood and passing off. This is a very disappointing ruling that continues to illustrate the power of big business to squash criticism and debate.   

The Long Road to Reform – Whistleblowing and the Employment Rights Bill

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After months of relentless campaigning and lobbying across Parliament this month we struck gold in the House of Lords when peers voted through one of our amendments to the Employment Rights Bill. Tabled by Baroness Kramer, the addition to the Bill pushes the Government to broaden unfair dismissal grounds and force employers, of a certain size and turnover, to take reasonable steps to investigate when whistleblowers speak up.

Lords vote to introduce a duty to investigate whistleblowing

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The House of Lords has voted to introduce a new duty to investigate whistleblowing concerns placing an obligation on employers to act when whistleblowers speak up. This would mean organisations with more than 50 staff, or a turnover of more than £10 million, will have to investigate the whistleblowing concerns that are brought to them.

The end of the road for NDAs? 

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Ever since the #Metoo movement began in 2017, non-disclosure agreements (NDAs) have been exposed as tools to silence victims of harassment and bullying. Now following years of campaigning an amendment has been introduced to the Employment Rights Bill to block employers from using such agreements. The detail is yet to be mapped out, as well as a timeline for implementation, but while there has been a resounding chorus of approval, some have voiced concerns that the ban could result in some unintended consequences. So, what does this really mean for both sides of the table? 

BBC accepts “opportunities were missed” over Gregg Wallace affair

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A report into the behaviour of BBC Masterchef presenter Gregg Wallace has substantiated 45 allegations made against him. The report’s findings raise a number of questions regarding how allegations had been handled in the past – by both the BBC and the production company Banijay UK – and the inadequate whistleblowing systems and processes for raising complaints and concerns.The BBC has accepted that opportunities were missed to address poor behaviour – so what can others learn from this case?

What’s next for whistleblowing in the NHS 

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The National Guardian’s Office – the home of Freedom to Speak Up guardians (FTSU) and the champion for openness and transparency within the NHS – is to close and merge within the workings of NHS England. It was created just over 9 years ago following the recommendations from Sir Robert Francis KC’s “Freedom to Speak Up” review. With a number of changes coming for the health sector, whistleblowing and ensuring staff are confident to speak up is more important than ever. So what’s next for speaking up in the NHS?

The contributions of whistleblowers – MPs debate

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A Westminster Hall debate on the Contributions of Whistleblowers, held to mark World Whistleblowers Day, brought together key parliamentarians with strong opinions and perspectives on how the law and whistleblowing needs to be modernised. From exposing the lack of legal protections for self-employed people to pushing for a legal duty on employers to investigate matters that are raised by whistleblowers, the session included strong arguments that the whistleblowing legal framework is not working well enough, with the government minister Justin Madders, conceding the case for change.