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London 20 July 2010

London 20 July 2010. PCaW is an independent charity, founded in 1993. We provide: free confidential advice to people concerned about wrongdoing in the workplace who are unsure whether or how to raise their concern ,

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London 20 July 2010

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  1. London 20 July 2010 ©PCaW 2010 - 00 44 20 7404 6609

  2. ©PCaW 2010 - 00 44 20 7404 6609

  3. ©PCaW 2010 - 00 44 20 7404 6609

  4. PCaW is an independent charity, founded in 1993. We provide: free confidential advice to people concerned about wrongdoing in the workplace who are unsure whether or how to raise their concern, train organisations on accountability, whistleblowing and risk management, campaign on public policy, and promote public interest whistleblowing laws. ©PCaW 2010 - 00 44 20 7404 6609

  5. Helpline - statistics Over 18,000 calls to date - a third are from the health and care sector 35% are public, 44% private and the remainder voluntary sector or unknown ©PCaW 2010 - 00 44 20 7404 6609 Source: Where’s whistleblowing now? PCaW 2010

  6. Helpline - statistics Breakdown of types of wrongdoing ©PCaW 2010 - 00 44 20 7404 6609 Source: Where’s whistleblowing now? PCaW 2010

  7. ©PCaW 2010 - 00 44 20 7404 6609

  8. Positive / Negative Gives employee confidence on whether / how to raise a whistleblowing concern Helpful to a manager confronted with a difficult whistleblowing concern Assurance to Board / regulator that staff are encouraged to raise any significant issues ©PCaW 2010 - 00 44 20 7404 6609

  9. Policy is written for the ‘silent majority’offering them a safe alternative to silence • Approach is that they should raise concerns openly • Distinguish whistleblowing from grievances & bullying • Provide internal and external options • Avoid any defensive legalistic terms in the policy ©PCaW 2010 - 00 44 20 7404 6609

  10. 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 ©PCaW 2010 - 00 44 20 7404 6609

  11. A leadfrom the top • Safety valve communication channel outside the line • Default is open reporting but respect confidentiality • Provide internal and external options • Avoid defensive legalistic terms • Distinguish whistleblowing from grievances and bullying • Access to independent advice • Promote policy effectively ©PCaW 2010 - 00 44 20 7404 6609

  12. ©PCaW 2010 - 00 44 20 7404 6609

  13. Audit Commission whistleblowing performance audits: • Minimal – Policy has been communicated to staff and parties contracting with the body • Good – Policy is publicised within the body and demonstrates the body’s commitment to providing support to whistleblowers • Excellent – Track record of effective action in response to whistleblowing disclosures. Periodic reviews of the effectiveness of the arrangements and also effective arrangements for receiving and acting upon information from members of the public ©PCaW 2010 - 00 44 20 7404 6609

  14. Committee on Standards in Public Life • ICAEW – Guidance for Audit Committees (2004) • British Standards Institution – Whistleblowing Arrangements: Code of Practice • Speak up for a Healthy NHS ©PCaW 2010 - 00 44 20 7404 6609

  15. Policy conforms to good practice Buy-in (those in charge) The right start (practical implementation) Communication & confidence (staff) Briefing / Training (designated officers & managers) Logging concerns (formal) Reviewing the arrangements ©PCaW 2010 - 00 44 20 7404 6609

  16. ©PCaW 2010 - 00 44 20 7404 6609

  17. UK’s Public Interest Disclosure Act 1998 (PIDA), praised by Lord Nolan for ‘so skilfully achieving the essential but delicate balance between the public interest and the interest of employers’: • signals a change in the culture • applies to workplaces across public, private and voluntary • is not prescriptive • provides strong civil sanctions against reprisal ©PCaW 2010 - 00 44 20 7404 6609

  18. The legislation • promotes & protects public interest whistleblowing • focuses on wrongdoing that threatens the public interest • encourages open rather than anonymous whistleblowing • has a stepped disclosure regime that emphasises internal accountability, strengthens regulatory oversight and recognises public accountability ©PCaW 2010 - 00 44 20 7404 6609

  19. The actual disclosure is reasonable • Genuine suspicion • Valid cause to go wider • Substance to the concern • Internal disclosure • Regulatory disclosure • Public disclosure Lord Nolan’s praise for ‘so skillfully achieving the essential but delicate balance between the public interest and the interest of the employees’. ©PCaW 2010 - 00 44 20 7404 6609

  20. Over 9,000 tribunal claims to date • The number of claims has increased from 157 in 1999/2000 to 1,700 in 2008/9 • 70% of PIDA claims settle • Of the remainder 78% were lost and 22% were won • Highest tribunal award is £5 million • PIDA retains support of business, union and regulatory interests ©PCaW 2010 - 00 44 20 7404 6609

  21. We analyse all judgments emerging from the employment tribunals – 3,000 to dateWhere do the cases come from? ©PCaW 2010 - 00 44 20 7404 6609

  22. Our breakdown of types of wrongdoing in PIDA judgments ©PCaW 2010 - 00 44 20 7404 6609

  23. What the surveys say • 86% of UK employees believe that people in their company feel free to report a case of suspected fraud, bribery or corruption. In Europe this figure is 57% • Negative media portrayal of whistleblowers is virtually nil now compared to 1997 • The term “whistleblowing” is increasingly seen in a neutral to positive frame 1 2 3 1. Ernst & Young – Survey into Fraud Risk Mitigation – UK Report 2. Karin Wahl-Jorgenson, Cardiff School of Journalism, Media and Cultural Studies – study commissioned by Public Concern at Work, Where’s whistleblowing now? 10 years of legal protection for whistleblowers 3. YouGuv survey 2007 & 2009, commissioned by Public Concern at Work, Where’s whistleblowing now? 10 years of legal protection for whistleblowers ©PCaW 2010 - 00 44 20 7404 6609

  24. Recent developments • Regulatory referral – in force on April 2010 • A compromise on open justice • Individual consent required • The Bribery Act • adequate procedures • Guidance to be issued in Autumn 2010 ©PCaW 2010 - 00 44 20 7404 6609

  25. What next? • Promotion of the law • Public interest test • Non-Executive Directors • Professional bodies • PIDA outside of the Employment Tribunals – professional bodies • Pre-employment/blacklisting ©PCaW 2010 - 00 44 20 7404 6609

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