Protect September Newsletter

Dear 

Another appalling whistleblowing scandal this month at Harrods where hundreds of women were subjected to sexual assault or harassment by Mohamed Al Fayad over a decade. While many victims were scared into silence, those working alongside them were unable or unwilling to speak up. Cultures that allow such appalling behaviour to be covered up are all too frequent and there are lessons for employers here. 

We see many corporations using the law to silence or suppress free expression, and we’ve called on one this month to drop its disproportionate action against an artist drawing attention to the #Fishrot scandal. 

This month:

• Labour’s Employment Rights Bill – a real chance to update whistleblowing law 

• Another Public Inquiry publishes its findings, but will anything actually change?  

• And whistleblowing compensation payments under threat  

The clock is ticking on the Labour government’s first 100 days. They’ve promised a dramatic shake up of employment rights encompassing everything from ending one-sided zero hour contracts to introducing “day one” unfair dismissal rights. The promised “Hillsborough Law” will place a duty of candour on civil servants.  But where does whistleblowing fit in? 

This is a once-in-a-decade opportunity to change the way whistleblowing is viewed and managed in this country. Labour has promised to improve whistleblowing protection and we have three distinct and clear asks for the Bill:  

• Employers must be under a duty to investigate concerns: so that vital public interest concerns can no longer be ignored. 

• Whistleblowing rights should be extended: so that everyone in the workplace, from self-employed contractors to trade union reps has protection if they speak up. 

• Whistleblowing law needs to be simplified: to improve access to justice, especially the current tests for those who are dismissed.    

In addition, while no one could oppose a duty of candour, whistleblowers in the civil service need appropriate protections if they are to be required to speak up.

This month saw the publication of the final report from the Grenfell Tower Inquiry with a total of 58 recommendations for the construction industry, the government and fire and rescue service. Our latest blog unpicks how and when whistleblowers could have made a difference, if they’d been listened to. 

As with other high-profile scandals recommendations are made but often not implemented. The House of Lords Statutory Inquiries Committee Chair, Lord Norton of Louth, said: 

“’Lessons learned’ is an entirely vacuous phrase if lessons aren’t being learned because inquiry recommendations are ignored or delayed. Furthermore, it is insulting and upsetting for victims, survivors and their families who frequently hope that, from their unimaginable grief, something positive might prevail.” 

We need to see change now to give people confidence that things can improve and tragedies and scandals won’t be repeated. From the Infected Blood scandal, the Letby murders, the disgrace of the Post Office Horizon system and now the Grenfell Tower tragedy – we now know the failure to act on whistleblowers’ concerns had a significant impact on events and came with significant costs for individuals, employers and the public purse. 

Elizabeth Gardiner, Protect Chief Executive  

Harrods Scandal 

Beneath the glamour and high-end image of Harrods was a “toxic, unsafe and abusive environment” under the management of Mohamed Al Fayed. It is only since Al Fayed has died that his victims, numbering more than 100 so far, have felt able to speak - many featured in the recent powerful BBC documentary. 

This all underlines why whistleblowing is so important. Without it and press freedom, sexual predators like Al Fayed can get away with their crimes. This story is about the abuse of power by someone at the very top, but we know from talking to whistleblowers and organisations everyday that this kind of behaviour can exist at any level. Employers in every sector need to make sure they're taking whistleblowing seriously and that staff can trust that their managers are trained to listen and act when they come to them with whistleblowing concerns. It's something we passionately believe in and work with employers to encourage and embed across the country. 

Fair Work Agency  

They say things come in threes, and if Labour’s proposals to Make Work Pay go ahead as planned they’ll be merging three critical employment agencies together to create the Fair Work Agency. Could this be a new avenue to enforce better whistleblowing standards? The new Government says the new agency will have ‘teeth’ to issue fines when employers breach employment issues like failing to pay holiday pay or not paying the entitled minimum wage, which according to Citizens Advice could impact close to 2 million people. Check out our latest blog on what this means for whistleblowing. 

Parliamentary Watch

The big announcement from the Labour Party conference that we were listening out for was the confirmation of the Hillsborough Law introducing a duty of candour on all public bodies. This new legislation will come with the potential for criminal sanctions for any official or authority that misleads or obstructs investigations.  

We really hope this will address the issues of trust and accountability within the public sector but want to see proper protections for those who may be harmed for doing so. 

Back at Westminster, beyond the front benches the next group of politicians with clout tend to be the chairs of the varied select committees that scrutinise the work of government departments and agencies. We’re interested to see Labour’s Liam Byrne back in the hot seat for Business and Trade, and Conservative Geoffrey Clinton-Brown takes the chair at the influential Public Accounts Committee. Both have the chance to play a significant role in holding the government to account. 

Injury To Feelings

A type of compensation claim that has been enshrined in law for more than 20 years has been put under threat at a hearing this month. A decision in the case of Declan Durey v South Central Ambulance Service NHS Foundation Trust could put the established “Injury to Feelings” award for whistleblowers at risk. For many whistleblowers who remain employed, "injury to feelings" is the primary compensation they seek. 

We were given permission to intervene in the case before the Employment Appeal Tribunal (EAT) as the case gives rise to important issues of public policy. Do take a look at our press release for more information. 

In our mission to improve whistleblowing for all we actively work with employers to advise and support their whistleblowing policies and systems. This includes training and consultancy but for organisations to benefit the most – we encourage them to consider joining our membership programme.  

Becoming a member comes with a host of benefits including: 

• fantastic networking opportunities through our Members' Forum, to connect with peers facing similar challenges and share valuable insights.
• access to expert guidance and training on best practice and legal frameworks, ensuring you have the support you need. 

To find out more about how Membership would benefit your organisation, contact us here 

Our Face-To-Face Whistleblowing Training is back on the 9th October! Join us for a comprehensive break down of whistleblowing law and the best approaches to working with internal whistleblowers and addressing the concerns they raise. The day will cover how to manage investigations while preventing whistleblower victimisation - empowering you to navigate these crucial situations with confidence. You'll also have the opportunity to review your organisation's own whistleblowing policy and audit it against best practice.