July Newsletter

Dear ,

In this month’s edition, 

• A win for whistleblowing protections in the House of Lords 
• Changes afoot for whistleblowing in the NHS 

• The end of the road for NDAs? 

After months of relentless campaigning and lobbying across Parliament this month we struck gold in the House of Lords when peers voted through one of our amendments to the Employment Rights Bill. 

This cross party amendment, tabled by Baroness Kramer, Lord Wills and Baroness Morgan pushes the government to broaden unfair dismissal grounds and force employers, of a certain size and turnover, to take reasonable steps to investigate when whistleblowers speak up. The amendment won the support of 248 Peers, passing with a majority just shy of a hundred. We are deeply thankful to Lord Wills, Baroness Kramer, Baroness Morgan and every peer who supported this amendment. 

This win in the Lords is the result of months of hard work building support and securing allies across both Houses and comes off the back of a powerful Westminster Hall debate celebrating the contributions of whistleblowers, held to mark World Whistleblowers Day. From exposing the lack of legal protections for self-employed people to pushing for a legal duty on employers to investigate matters that are raised by whistleblowers, the session led to the government minister Justin Madders, conceding the case for change. It was a joy to see MPs from across the political spectrum name-check Protect in their speeches. 

While we’re celebrating our win in the Lords, we know that when Parliament resumes after the summer recess the game of ping-pong gets underway with the Bill bouncing back and forth between the Commons and Upper House to iron out amendments. The government has listened and made changes along the way so we’re hopeful that they may agree with our modest change for whistleblowers. The recently published Whistleblowing Framework review confirms a wide range of voices agree that much still needs to change if we are to have a whistleblowing framework fit for the 21st century. 

And with Parliament shutting up shop for the summer, we’ve seen a flurry of government announcements in recent days. In the NHS we’ve had confirmation that bad apples working in management will not be able to roll into new senior roles. In future, any leader who silences whistleblowers or behaves unacceptably will be banned from returning to a health service position - something we hope will improve accountability and transparency. This follows the announcement in the 10 Year Health Plan for England – fit for the future that the National Guardian’s Office – which provides support for Freedom to Speak Up Guardians in the NHS – is to close. Check out our blog for our thoughts on what the NHS needs to do next. 

Additionally it’s been announced there will be a new Ethics and Integrity Commission intended to drive up standards in public life which is welcome, and we very much hope the good work of the Committee for Standards in Public Life will continue within its new home.   

Have a good summer. 

Elizabeth Gardiner, Chief Executive.

*Image shows, Jim Shannon MP, Justin Madders Parliamentary Under Secretary of State Department for Business and Trade, Sarah Russell MP and Steve Darling MP. 

NDAs get the boot

Never far from the news, the issue of sexual harassment has been on the agenda again this month – for both positive and negative reasons. Firstly we celebrated the great achievement of the Can’t Buy My Silence campaign, and notably the founder Zelda Perkins, for securing an amendment to the Employment Rights Bill to block employers from using non-disclosure agreements (NDAs) in cases of harassment and discrimination. A common tool used to silence victims of harassment and bullying, this amendment introduces a general ban on their use with exceptions to be laid out in regulations. 

On the flipside, this month saw the publication of a report into the behaviour of BBC Masterchef presenter Gregg Wallace substantiating 45 allegations made against him. The BBC has accepted that opportunities were missed to address poor behaviour – but the report raises a number of questions regarding how allegations had been handled in the past and the inadequate whistleblowing systems and processes for raising complaints and concerns. Something for all organisations to take note of. 

Whistleblowing Framework Review – publication at last 

More than two years after it was originally announced the long-awaited Whistleblowing Framework Review (commissioned by the Sunak Conservative government) has finally been published. While there are no actual recommendations for change the weighty document of 123 pages (with an accompanying 100-page appendix) helpfully exposes and lists out the many challenges and pitfalls that exist within the existing legal framework. Drawing on interviews with whistleblowers, employers, business bodies and civil society organisations (including Protect) the Review provides a smorgasbord of food for thought and plenty to chew on without providing any solid building blocks for change. While it is good to finally have the review published, the real proof of the pudding will be how the government responds to it. 

Whistleblowing in Defence Review 

A parting gift as the House of Lords headed for summer recess was the announcement of a comprehensive review into whistleblowing procedures in the armed forces. To be led by the Minister for Veterans and People, Alistair Carns MP it will assess whether current policies are fit for purpose, how they are communicated, and whether new legislation is needed.

Talkin’ Bout My Generation 

With the world of work undergoing seismic shifts in recent years – from the acceleration of remote working to growing expectations around corporate ethics – understanding how today’s employees feel about whistleblowing is critical for employers. Supported by Lloyd’s Banking Group, we commissioned research to ask workers of different ages how they view whistleblowing and what employers could do to encourage them to speak up. Our report – Attitudes to Whistleblowing – explores everything from the issues each generation is more likely to raise, to their reporting preference methods and levels of confidence in their employer to take action. Launched last month – to tie in with World Whistleblowers Day – the recording of our launch event is now available to view.

The report itself is must-read for any organisation grappling with a multi-generational workforce. 

Upcoming training! 

Return from your summer holidays with something to look forward to. Book now for peace of mind and start the autumn with valuable training to support your approaches to managing whistleblowing.

• Up next on the 11th Sept is our fundamental training is the Whistleblowing Essentials session. Immersing you in practical exercises and case studies, you’ll gain the hands-on experience necessary to implement best practices from day one.

• We will be hosting our Investigating a Whistleblowing Concern Training on the 18th September, another one of our CPD accredited core courses, which is perfect for those responsible for handling whistleblowing concerns. You’ll learn the do’s and don’ts of speaking to whistleblowers and dealing with their concerns effectively.

• On the 25th September we are running our Preventing Victimisation masterclass. Wrongdoing will continue if staff feel unsafe to report concerns to their managers, so equip yourself with the best practises to support your staff speaking up.

Transparency International Ireland is seeking qualified psychotherapists, counsellors, or clinical psychologists to join its Psychological Support Service panel on a sessional basis. Panellists provide confidential support to whistleblowers contacting the Speak Up Helpline. Applicants must be accredited (IACP, ICP, PSI – for UK applicants, see below), have two years’ post-qualification experience, and undergo training and supervision. Therapy is delivered in the practitioner’s preferred format. Panellists are paid €80/hour; hours are subject to demand for the service and cannot be guaranteed. Applications are accepted on a rolling basis and CVs will be securely stored for future consideration. Please visit TI Ireland’s vacancies page for more information. 

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