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.
They say things come in threes, and if Labour’s proposals to Make Work Pay go ahead as planned they’ll be merging three critical employment agencies together to create the Fair Work Agency. The new Government says the new agency will have ‘teeth’ to issue fines when employers breach employment issues like failing to pay holiday pay or not paying the entitled minimum wage, which according to Citizens Advice could impact close to 2 million people. And its whistleblowing that could make all the difference.
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.
Whistleblower Debbie shares her experiences of mental health and speaking up: the night before I decided to blow the whistle, the anxiety I felt led to me not sleeping a wink. I knew the next day, I’d be pointing the finger at a colleague, essentially calling her a liar. I had undeniable proof, but even more than that, I knew that if I didn’t act, the life of my elderly, vulnerable client would be irreparably changed.
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.”
Have you ever wondered what it takes to ensure the safety of the skies we fly in? The aviation industry is one of the most meticulously regulated sectors, but even giants like Boeing can stumble. The recent whistleblower saga involving Boeing has shone a bright spotlight on the importance of safety culture in aviation.
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.”
