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October NewsletterDear , In this month’s edition,
This month has provided some fresh reminders for employers on the importance of maintaining an ethical and positive workplace culture. How do you embed a Code of Ethics? It probably isn’t through getting everyone to read the compliance rulebook. The Wellcome Trust has adopted a highly original approach with a campaign fronted by a bright pink puppet called Connie (short for Conscience).Their Associate General Counsel, Fraser Simpson, came to speak to Protect staff this month. Since introducing Connie Fraser says there’s been a seismic shift in the way colleagues engage with the Ethics, Governance and Compliance team – and he believes Connie is here to stay. And while a puppet isn’t the right approach for all organisations, it’s certainly working for Wellcome. More details on the project in our recent blog post. Protect has been involved in a significant legal challenge at the Court of Appeal this month that could reshape the landscape for whistleblower protections in the UK. We’ve intervened in a case which is considering whether employees can continue to bring a claim of the detriment of dismissal (as was permitted by Timis v Osipov) or whether this vital protection may be unpicked. Our thanks to our brilliant pro bono teams at Cloisters and CM Murray. Watch out this month for the BBC documentary Luther Burrell: Rugby, Racism and Redemption. There are clear echoes to the story of Azeem Rafiq who exposed racism in cricket and Burrell says that going public with his concerns brought his career to an early end. It is good to see that the Rugby Football Union has taken action, but once again the cost has been the whistleblower’s career. Elizabeth Gardiner & Sybille Raphael
Photo by Pajor Pawel on Shutterstock Protect at the Court of Appeal Protect has been involved in a significant legal challenge at the Court of Appeal this month that could reshape the landscape for whistleblower protections in the UK. The cases of Barton Turns Developments Limited v Treadwell and Rice v Wicked Vision Ltd have been joined due to their shared focus on a critical legal question: can a whistleblowing employee pursue both a detriment claim against a colleague responsible for their dismissal and a separate claim against their employer for the termination itself? The outcome of these cases has the potential to determine the effectiveness of statutory routes for liability and compensation available to whistleblowers who experience victimisation. Represented by Schona Jolly KC and Dee Masters from Cloisters Chambers and solicitors CM Murray, we have intervened on public policy grounds.
Photo by Getty Images for Unsplash This time last year we were making lots of noise about the incoming Worker Protection Act – new legislation requiring employers to take proactive reasonable steps to prevent sexual harassment in the workplace. Despite the legal duty being in place for almost a year, research released this month has found that many organisations are still falling short on key preventative actions. According to a study by Worknest four in 10 (41 per cent) of the businesses they surveyed had not conducted a sexual harassment risk assessment. The findings come as Acas reports its seeing a jump in calls sexual harassment enquiries. This should be of concern to all employers – and be prompting action to ensure they’re doing what they need to comply with the law. And with new reforms coming into place next year as part of the Employment Rights Act the time is now to review and revise what is in place to ensure employees are protected from sexual harassment at work.
Upcoming online training Whistleblowing Essentials: Understanding Best Practice for Organisations Drawing on over 30 years of experience - and insights from advising 3,000 whistleblowers a year - this interactive training gives you practical tools to recognise, respond to, and manage whistleblowing concerns effectively. Through real case studies and best practice guidance, you’ll learn how to create safe reporting channels, distinguish grievances from whistleblowing, and foster a culture where speaking up is supported, not silenced. Perfect for HR, compliance, legal, and senior leaders. Investigating a Whistleblowing Concern When a concern is raised, how your organisation responds can make all the difference. Join Protect for a practical masterclass designed to help you investigate whistleblowing concerns with fairness, sensitivity, and legal compliance. The session will guide you through best practice for receiving concerns, choosing investigators, gathering evidence, and writing robust reports. Perfect for HR, compliance, legal, and speak-up professionals.
Photo by Curated Lifestyle for Unsplash+ A key area of Protect’s work focuses on anti-corruption measures and the role whistleblowing plays in exposing fraud and corrupt practices. We work alongside other civil society organisations in this mission – and collaborate for maximum impact. The recent ITV documentary The Covid Contracts: Follow the Money features Susan Hawley, the executive director of Spotlight on Corruption and co-chair of the UK Anti-Corruption Coalition, and exposes the corruption behind the Covid “VIP lane” affair. The documentary aired before the striking judgment in the High Court ordering the Michelle Mone-linked firm PPE firm MedPro to repay £122m to the government – the value of its contract during the pandemic. The firm was contracted to supply medical gowns for NHS staff, all of which were found to be non-compliant. Anti-corruption experts who contributed to the documentary’s findings are now calling for the government to continue the fight to reclaim the taxpayer money wasted during the pandemic and push for higher standards in public life to ensure that this never happens again.
Recipe for a Spooktacular Whistleblowing Policy This Halloween, don’t let misconduct creep up on you! Our latest blog brews up the perfect recipe for a whistleblowing framework that keeps your workplace safe from scandals and ghostly grievances. With trust, transparency, and a sprinkle of empathy as your key ingredients, learn how to mix up a culture where speaking up is encouraged - not feared.
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