May Newsletter

When can a whistleblower approach the media? Are there situations where concerns have not been dealt with by an employer, where there is no regulator to approach or where the concerns are so serious that the only option is speak to a journalist? 

Most whistleblowers don’t have to face this dilemma, but it would be unusual if it doesn’t cross the mind of the vast majority. 

The dilemma has been debated in tribunal this month through the case of former senior Foreign Office civil servant Josie Stewart. Josie is bringing a claim against her former employer after they dismissed her in 2021 for disclosing information to a journalist showing Number 10 provided misleading information regarding the evacuation of Kabul.  

Josie’s position, one which we at Protect support, was that her actions were in the public interest as the mishandling of the evacuation was putting vulnerable lives at risk. Josie didn’t trust the FCDO’s whistleblowing arrangements and a recent Public Accounts Committee report has said it’s clear the civil service has more to do to promote a culture supportive to whistleblowing. Government on the other hand state she has breached trust and Josie should have gone to someone in the Department. More worryingly, part of the Government’s argument was they could not conceive a situation where a civil servant should approach the media.  

Whistleblowing only works with a free press, and this is recognised in law where a whistleblower speaking to a journalist is - in certain situations - protected. The Government’s approach is flawed when you consider civil servants have no independent body to take their concerns to, despite past inquiries and the Law Commission calling for such a body to be introduced.  Effective whistleblowing requires the ability for all workers, including civil servants, to have the option to raise their concerns outside of their employer. 

We can see the damage institutions can do, from the tragic loss of life the infected blood scandal where dissenting voices were not listened to, to the ongoing inquiry into the Post Office, who appear to have been in the thrall of group think. Without the ability for whistleblowers to raise the alarm outside of their employer's flawed whistleblowing system society suffers.  

Andrew Pepper-Parsons, Director of Policy and Communications.  

Protect in the news

How can HR support whistleblowers? Protect Director of Policy and Communications, Andrew Pepper-Parsons, comments for HR Mag.

"An important aspect is communicating to the rest of the organisation that whistleblowers are the eyes and ears of any organisation, and the most effective way for wrongdoing or risk to be identified. Sitting behind this message needs to be a clear idea of HR’s function within the organisation’s whistleblowing arrangement"

ESG and Whistleblowing 

A third of UK office workers say they are willing to quit their jobs over weak climate action from their employers. Regulators across all industries are now taking an increasingly keen interest in environmental impact, from a regulatory crackdown on “greenwashing” in the fashion sector to firmer requirements on environment credentials for institutional investors.  

A strong whistleblowing culture is key in helping employers stay true to their environmental commitments, as well as ensuring breaches of regulations are prevented or detected at an early stage before they escalate to serious risk.  

On Wednesday 5th June we are holding a breakfast briefing in partnership with Slaughter & May, 08.30-10.00 am, on how to adopt and embed robust whistleblowing arrangements as part of your environmental governance strategy.

Confidentiality Matters

This month we held our Confidentiality Matters lunch and learn webinar. 120 attendees from all industries joined for the hour session where we heard from Protect's Director of Policy and Communications, Andrew Pepper-Parsons, Andy Noble, Head of Speak Up at NatWest Group, Tim Smith Operations Director at Safecall and Tina Russell, HR Consultant. 

The Guide is now available on our website to purchase!

Protect welcomes new enforcement rules from the FCA 

Proposed transparency rules from the FCA prove controversial, but Protect supports the initiative as a way of shedding light for whistleblowers on how their information could be used in enforcement. Read our response to these proposals.  

What will be the impact of the Infected Blood Inquiry’s NHS Whistleblowing Reforms 

Read our analysis of the NHS whistleblowing reforms proposed by the Infected Blood Inquiry. The Inquiry’s assessment is blunt, the NHS is indifferent to whistleblowing concerns raised, aggressive towards those who speak up, and senior managers are not held to account when this is the response.  

World Whistleblowers Day is on 23 June will you be celebrating?

As an employer this is a great opportunity to communicate with your teams, refresh your speak up arrangements or tell a good news story. Protect, together with Focal Point Training, will be running a World Whistleblowers’ Day webinar, ‘Whistleblowing and Sexual Harassment - Are you ready for the Worker Protection Act?’.

This lunch and learn session on Monday 24th June (1:00pm-2:00pm) will explore the role of whistleblowing in aiding workplace sexual harassment victims, and what is expected from employers in the new Workers Protection Act.    

London Legal Walk 2024

Our team is currently fundraising for the 20th anniversary of the London Legal Walk. We will be walking the 10km river route on Tuesday 18th June alongside other members of the legal community to raise money to support our work in helping whistleblowers across the UK. 

If you are not in a position to donate, sharing our Just Giving page would be greatly appreciated!

Unlock a wealth of knowledge with our Whistleblowing Essentials Training. A digestible and accredited view of whistleblowing, from both legal and practical perspectives covers the fundamentals on Thursday 13th June.