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Welcome to our May Newsletter
Sue Gray’s full report into the lockdown breaches exposes the poor state of whistleblowing in central Government. She reiterates her earlier findings that “some staff had witnessed or been subjected to behaviours at work which they had felt concerned about but at times felt unable to raise properly.” The inability of staff to blow the whistle on wrongdoing may have played a key role in changing a one-off breach of the rules into a full crisis.
The culture in central government needs to be properly addressed and our full response to the report is here. While new reporting lines in No 10 are welcome and necessary, they are not sufficient to change the culture to one that encourages speaking up.
The problems are not only in No 10: this week the Foreign, Commonwealth and Development Office (FCDO) Select Committee’s report on the withdrawal from Afghanistan noted the bravery of whistleblowers and called on the FCDO to review its policies in the “absence of an adequate process for officials to express concerns about policy without fearing damage to their careers”.
The new Parliamentary session doesn’t include an Employment Bill but there may be opportunities to raise whistleblowing reforms in the second Economic Crime Bill. The government appears to have stepped back from its more radical plans to amend the Official Secrets Act in the newly published National Security Bill. However, a lack of a public interest defence is a missed opportunity to make the law safer and more predictable, and there may be unintended consequences for whistleblowers in making disclosures about trade secrets an offence. Our response is here. We’ll be watching developments on this Bill and on the promised Bill of Rights.
Environmental, Social and Governance (ESG) are becoming crucial measures for organisations. How an organisation impacts on its workforce, society at large and the environment is important to employers, workers, shareholders and customers. Read our take on why whistleblowing should form a crucial part of any employer's ESG strategy here.
SLAPPs (Strategic Litigation Against Public Participation) are used to silence a critic, such as a whistleblower or journalist, by engaging them in costly litigation. We helped contribute to the UK Anti-SLAPP Coalition's response to the government’s consultation and we have also published a full response of our own, highlighting the problems with current protections against SLAPPs in the UK and what options there are for improving the law to protect whistleblowers.
Another challenge to whistleblowing protection comes before the Court of Appeal this week in Kong v Gulf International Bank (UK) Ltd. With an excellent pro-bono team from BDBF LLP, James Laddie QC (Matrix) and Andrew Smith (11KBW), Protect are intervening to seek clarity on the issue of “separability” - can you separate the act of whistleblowing from the consequential breakdown in relationships? The Employment Tribunal and Employment Appeal Tribunal both found that the “main” reason for Ms Kong’s dismissal was not her whistleblowing – but we think this is a legal loophole that needs closing. Our press release is here.
Finally, congratulations to Grace Wilkin in our Business Support team who ran the Copenhagen Marathon and raised over £1000 for Protect along the way. It’s not too late to support her through the Just Giving page here.
Save the Date! Protect to host FREE Webinar on 23 June for World Whistleblowers Day with Azeem Rafiq
On 23 June from 10AM - 11AM BST Protect will host a webinar panel discussion to mark World Whistleblower Day, with whistleblower Azeem Rafiq.
Azeem Rafiq blew the whistle on racism at Yorkshire Cricket Club and across English Cricket in 2020. Azeem will reflect on his experiencer as a whistleblower, including the victories he was able to achieve in the fight against racism by blowing the whistle, as well as the major difficulties he faced for doing so.
Nicola Rabson, Partner at Linklaters and whistleblowing law expert will also be on the panel. Further speakers will be confirmed shortly!
Secure your place at the webinar here.
Sue Gray Report: another piece in a jigsaw showing a failing whistleblowing culture
Protect Head of Policy, Andrew Pepper-Parsons, reflects on the Sue Gray Report into Partygate, recently published in full on 25 May. He shows how it reveals a failing whistleblowing culture in central government.
The much-anticipated Sue Gray report into lockdown parties in 10 Downing Street is one more piece in a jigsaw showing a failing whistleblowing culture in central Government.
The Sue Gray Report
Sue Gray’s report paints an ugly picture of
Queen's Speech 2022 published - Protect's statement
Protect is disappointed that the Government’s new legislative programme fails to address the weaknesses in whistleblowing protection with the absence of an Employment Bill. The UK has fallen behind international best practice and it is time to “level up” legal protections for whistleblowers.
You can’t make an omelette without breaking eggs. Can you dismiss a whistleblower for a breakdown in the relationships that follows whistleblowing?
Protect volunteer Queenie Sit looks at the case of Kong v Gulf International Bank (UK) Ltd to be decided by the Court of Appeal this month. The judgment will have a huge impact on workers' ability to speak up.
In the case of Kong v Gulf International Bank (UK) Ltd, the application of the separability principle by the Employment Tribunal (“ET”) and Employment Appeal Tribunal (“EAT”) sets a dangerous precedent.
Whistleblowing, where should we go?
At the ELA annual conference Protect Legal Director Sybille Raphael, delivered this speech, reflecting on the state of whistleblowing law, what needs to be improved to protect the interests of staff, employers and the public and why regulators are key to this.
The Public Interest Disclosure Act was passed in 1998, five years after Protect, the UK whistleblowing charity was established to “promote ethical standards of conduct and compliance with the law”.
It is not just compliance with the law that evolves over time. So do standards of conduct and what
Upcoming whistleblowing masterclasses
Masterclass: Whistleblowing & Tackling Sexual Harassment 15 June 10AM - 12PM
Handling a Whistleblowing Concern 29 June 10AM - 12PM
Investigating a Whistleblowing Concern 6 July 10AM - 12PM
Masterclass: Whistleblowing and ESG 7 July 10AM - 12PM
Preventing Victimisation to the Whistleblower 13 July 10AM - 12PM
Email business@protect-advice.org.uk for more info or book here
Whistleblowing and ESG
Protect Legal Adviser, Caitlin Comins, outlines the increasing importance of Environmental, Social and Governance (ESG) to employers, workers and consumers. She highlights how establishing effective whistleblowing processes is crucial for addressing all three areas.
Environmental, Social and Governance (ESG) standards are of increasing importance to employers. Genuine and strong ESG credentials should enable an organisation to minimise the negative impact it is has on the world around it and maximise its sustainability. Such credentials can also enhance the reputation of an organisation, boosting profit, and improving
Preventing Whistleblower Victimisation benefits both staff and employers
NHS whistleblower Helene Donnelly spoke at our webinar about how the Preventing Whistleblower Victimisation Guide will help employers protect whistleblowers from abuse and why it is so vital for public safety and staff wellbeing that employers do so.
I think for me being involved with creating the Preventing Whistleblower Victimisation Guide has been quite cathartic. Having had experience of speaking up and trying to raise concerns and working for the last nine years now as ambassador for cultural change and FTSU it feels
What is the public interest test for whistleblowing?
In order for a concern to be protected by the Public Interest Disclosure Act 1998, the concern must be in the public interest. The public interest requirement is the defining feature of whistleblowing law.
As a general rule, if you act as a witness to wrongdoing, it is more likely that you will satisfy the public interest test. This means that the concerns impact others rather than just yourself.
If the concern is about your own treatment at work only, then this is likely more of a ‘private’ concern about your own contract of employment.
Mental health awareness week – Whistleblowing is a lonely business
For Mental Health Awareness Week, Protect CEO Liz Gardiner reflects on the significant stress and isolation many whistleblowers face and the negative impact this has on their mental health.
At Protect, we hear from around 3,000 whistleblowers each year on our free, confidential legal Advice Line. Callers raise concerns from charity governance to financial misconduct, from exam fraud to safeguarding of vulnerable people. Many are struggling to know whether or how they should raise concerns, are often feeling very
Isle of Man whistleblower Dr Rosalind Ranson wins tribunal after facing ‘disgraceful’ bullying
The chief minister of the Isle of Man has expressed his “deep discomfort” after a tribunal found that the island’s medical director had been forced out of her job and suffered “disgraceful” bullying for whistleblowing over the Manx approach to Covid-19.
Ranson had raised concerns about the Isle of Man’s approach to Covid in the early days of pandemic. She had argued for an early lockdown, along with the UK, to avoid a situation “where we are choosing who should be ventilated” in the island’s only hospital with intensive care beds.
But her boss – Kathryn Magson, then interim chief executive of the Department of Health and Social Care – set out to “silence” her by spreading false rumours she was “burnt-out” in order to stop her appearing at a televised press conference, the tribunal found. She also falsely accused Ranson of “seeking the limelight” and being “hungry for power”, the panel concluded.
Read the full article from the Guardian here.
Protect publishes response to government consultation on SLAPPs
On 19 May Protect submitted our response to the government's consultation on Strategic Lawsuits Against Public Participation (SLAPPs).
These are lawsuits which are typically filed by powerful and wealthy individuals or organisations against non-government individuals or organisations who express a critical position on a substantive issue of public interest, political interest and/or social significance. They are aimed at threatening these individuals with huge legal costs in order to force them to be silent.
We submitted our response to help advise the government on how best to address the problem of SLAPPs and protect whistleblowers and free expression.
Read our full response here.
Advice Line Update
Protect’s Advice Line is a unique support to whistleblowers across the country, providing legal advice, emotional support and practical guidance for free to those in need.
However, it also serves another key purpose. It provides incredibly important statistical information on how workers are treated when they raise concerns at work in the UK.
We record how each whistleblower who has contacted our advice line has been treated when they raised
Please help us to support more whistleblowers on our free, confidential, Advice Line.
