Whistleblowing: Protecting people who uncover bad practice.

Whistleblowing: Protecting people who uncover bad practice. Catherine Hobby, School of Law, University of East London

Nolan ‘Second Report of the Committee on Standards in Public Life’, 1996. All organisations ‘face the risk of things going wrong or unknowingly harbouring malpractice’

Definition of Whistleblowing The deliberate non-obligatory disclosure of public interest information by a worker, whether internally or externally, by voicing concerns or making an allegation of serious malpractice or wrongdoing.

British Standards Institute One in four employees is aware of misconduct in the workplace. 52% keep silent

Mid-Staffordshire Inquiry 2010 Found: an ‘atmosphere of fear of adverse repercussions’

Role of Trade Unions • Assist in establishing a culture of openness • Watchdogs • Support for members who raise concerns • Representation of whistleblowers • BUT victimisation of officials who are recipients of concerns

Limits of PIDA for Trade Unions • No role for Trade Unions recognised • Complex Provisions • Accessibility • No Right to Report • Voluntary whistleblowing procedures

Bribery Act 2010 Section 7: Offence of corporate failure to prevent bribery Defence: if a company has an ‘adequate procedure’ in place to prevent such offences

The Coalition: our programme for government, May 2010 Page 21: “We will introduce new protections for whistleblowers in the public sector” Freedom Fairness Responsibility

Reform of PIDA • Recognition of the role of trade unions • Word ‘Report’ to be substituted for term ‘disclosure’ • Outlaw discrimination in hiring • Right to raise a concern, but not a duty

Gulf of Mexico Oil Spill ‘systematic management failure’

Whistleblowing: Protecting people who uncover bad practice.