No images? Click here
Welcome to our December Newsletter
This month has seen further damaging reports about whistleblowing in our public services. The London Fire Brigade has been put into special measures following reports of unacceptable behaviour, while a shocking culture of retaliation against whistleblowers was uncovered by BBC Newsnight at University Hospitals Birmingham Trust, leading to three separate reviews. I appeared on Newsnight to speak about the importance of protecting whistleblowers in the NHS - watch again here - and
read our blog on improving public sector cultures here.
An inspiring speaker on whistleblowing, Oxfam whistleblower Helen Evans talked about her experience on BBC Radio 4’s Woman’s Hour (listen here). I was also delighted to join the programme to explain more about Protect and the work we do as well as the extra barriers women face when speaking up. You can listen here.
Our thanks to Emma Darlow Stearn and Gabriel Salter for two new educational videos to help explain some key areas of whistleblowing law. We want our website to be a go-to place for whistleblowers, and know that some people may be reluctant to pick up the phone or send an email without doing some research first. Our first video explores the way NDAs are used to silence whistleblowers and explains the right to blow the whistle even after signing a settlement agreement (watch here). The second explains what a Protected Disclosure is and the legal tests that apply (watch here). All feedback is most welcome.
And some sad goodbyes – to our longstanding Head of Advice and Advocacy, Bob Matheson who leaves us to join Leigh Day, to our Senior Legal Adviser Nneka Egbuji who takes up a new role as a solicitor at Arc Pensions Law, to Business Account Manager Grace Wilkin, and to Gabriel Salter our newsletter compiler and communications officer. A big thank you to all of you – we know you will be excellent ambassadors for the whistleblowing cause wherever you end up – and we will miss you.
To all our readers a very Merry Christmas and best wishes for 2023.
Liz Gardiner, CEO Protect
Protect CEO Liz Gardiner speaks to Newsnight
Recently our CEO Liz Gardiner was on BBC Newsnight speaking about the importance of protecting whistleblowers in the NHS in response to the shocking culture uncovered at University Hospitals Birmingham Trust.
Protect CEO Liz Gardiner appears on BBC Woman's Hour
On Friday the 9th of December, our CEO Liz Gardiner spoke to Emma Barnett on BBC Womans Hour about the importance of whistleblowing to public safety, the extra barriers women face to speak up and how we can improve protections for whistleblowers
Listen from 48:14 here
Upcoming whistleblowing masterclasses
Financial Services Whistleblowing Champions' Masterclass 11 January 2023 9:30AM - 12PM
Handling a Whistleblowing Concern 18 January 2023 10AM - 12PM
Investigating a Whistleblowing Concern 25 January 2023 10AM - 12PM
Preventing Whistleblower Victimisation 1 February 2023 10AM - 12PM
Masterclass: Whistleblowing & Tackling Sexual Harassment 22 February 2023 10AM - 12PM
Email business@protect-advice.org.uk for more info or book here
Speaking up in public services
Today we read that the London Fire Brigade has been put into special measures, as a result of a report finding it was misogynist and racist. Nafir Azal’s Independent Review into the culture at the London Fire Brigade comes hot on the heels of the Casey Review on the Met Police. Both identified serious problems of bullying, racism and harassment. Both found staff unwilling or unable to speak out. Both commissioners have promised urgent action.
What should be on their to-do list? How can organisations tackle engrained cultures? How can public trust in the police and fire fighters be restored? Most suggestions require time and a lot
New Protect educational videos on 43J and Protected Disclosures
We have recently created some accessible educational videos to help explain some key areas of whistleblowing law including how workers can gain whistleblowing protections and prevent themselves from being silenced by NDAs
Watch them here
Protect Non-Executive Directors, Trustee and Governor Whistleblowing Training
Non-Executive Directors, Trustees and Governors often uncover wrongdoing or malpractice within their organisation as a result of their strategic oversight. As a result of their position at the top of organisations, they are often the persons to whom staff will raise or escalate their concerns. Yet, despite playing a vital role in their organisation’s whistleblowing procedure and arrangements, it is clear that many aren’t aware, or don’t understand, their obligations and duties, including those imposed by regulators.
Oxfam Whistleblower Helen Evans on Woman's Hour
On Friday the 9th of December, Helen Evans was on BBC Woman's Hour talking about her experience whistleblowing on sexual misconduct at Oxfam and the film When We Speak by Tas Brooker and Wiser Films. She also acknowledges our work in support of whistleblowers.
When We Speak is a documentary about whistleblowers that we helped to create. It follows the incredible stories of whistleblowers Katharine Gun, Helen Evans and Rose McGowan, who risked everything to expose injustice.
What are the key whistleblowing cases in 2022?
Kong v Gulf Bank International (UK) Limited (Protect intervening) [2022] EWCA Civ 941
Ms Kong, who was Head of Internal Audit, blew the whistle on the illegality of a new investment product that her employer Gulf International Bank was offering to investors. In doing so, she questioned the legal awareness of the Bank’s Head of Legal. This criticism led to a complaint, and ultimately her dismissal. Both the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT) agreed that she had been unfairly dismissed but found that the principal reason for the Ms Kong’s dismissal was not the fact that she blew the whistle, rather her behaviour and the consequent breakdown of the relationship between her and the Head of Legal was the main reason.
Do you fear you will be punished if you raise concerns at work? Contact Protect on 020 3117 2520 for free, confidential advice and support. Please note the advice line is closed between 24 December and 2 January inclusive.
Please help us to support more whistleblowers on our free, confidential, Advice Line.
