No images? Click here
Welcome to our October Newsletter
As Speak Up month in the NHS draws to a close, we call again for a review of whistleblowing in the NHS. The Kirkup review into East Kent Hospital's Neonatal and Maternity services, illustrates shocking standards of care at the Trust and noted that staff didn’t raise concerns in circumstances where they thought nothing would be done. The report follows closely behind the Ockenden review and the Panorama report on abuse in the Edenfield mental health centre.
Sadly, the solution here isn’t more regulation. Kirkup found no shortage of regulatory bodies criticising the trust, and whistleblowers had contacted the CQC directly with concerns about the standard of care and culture. The Trust’s response was one of denial, missing opportunities to investigate and to learn lessons.
Also in the public sector, Baroness Louise Casey’s review into the Metropolitan Police Service, found that management failed to take concerns raised by staff about misconduct and discrimination seriously. She too found that the experience that ‘nothing happens’ when misconduct occurs, dissuades officers and staff from reporting misconduct when they see it. Leaders need to listen, and act when concerns are raised.
In better news, Jonathan Taylor’s whistleblowing ordeal is finally over. This month Monaco’s Appeal Court threw out the attempt to reopen an investigation against him and that brings the litigation against him to an end. Jonathan’s case has been a long and difficult one and illustrates why we’re supporting the UK Anti-SLAPP Coalition's Model Law.
During the Second Reading of the new Economic Crime bill John Penrose MP proposed that “a much more effective whistleblowing regime” would “turbocharge what public bodies can do” to address economic crime, and we welcome his proposals to bring more people into scope for PIDA protection and increase the range of prescribed persons. There was a short debate on a public interest defence to the Official Secrets Act during the Committee stage of the National Security Bill. As another new government is formed, we will be pressing for a whistleblowing review to move up the agenda and watching the progress of both these bills.
Finally, we’re pleased to be joined our fourth (!) trainee solicitor on secondment this month – a warm welcome to Nicholas Hayes from Baker McKenzie. And it is not too late to book your tickets for the UK premiere of “When We Speak” – featuring Protect – on 2nd November. Hope to see some of you there!
Liz Gardiner, CEO Protect
Whistleblowers Film Featuring Katherine Gun, Helen Evans and Rose McGowan Receives Nomination For Raindance Film Festival
“When We Speak”, which premieres on 2 November at 6:30pm at the Curzon, Soho, follows the incredible stories of the women who risked everything to expose injustices committed by some of the most powerful people on earth. Nominated for the prestigious Raindance Film Festival, the film is directed by Tas Brooker with involvement from Protect, the whistleblowing charity.
It follows the stories of Rose McGowan, Katharine Gun and Helen Evans who blew the whistle on the Weinstein, Iraq War and Oxfam scandals respectively. They share their motivations, experiences and the huge personal sacrifices they made to challenge injustice.
Protect was closely involved in the creation of this important film with director Tas Brooker. Our Head of Advice, Bob Matheson, features as a key expert on whistleblowing law – and our senior legal adviser, Nneka Egbuji also shares experiences of the whistleblowers who call our free legal adviceline.
Book your tickets here
East Kent trust baby deaths: How the NHS can fix maternity care without spending more money
East Kent has become the latest region to become synonymous with scandal after a major inquiry led by Dr Bill Kirkup found the deaths of 45 babies could have been avoided with better care.
It follows tragedies at Morecambe Bay, and Shrewsbury and Telford in recent years – with another investigation underway in Nottingham – with all three reports into the trusts’ sharing themes: a lack of teamwork, a failure to listen to parents and a refusal to take responsibility for mistakes.
Elizabeth Gardiner, chief executive at whistleblowing charity Protect, called on the NHS to review its whistleblowing guidelines in light of the findings.
Read the full article from iNews here
The National Security Bill – Parliamentary Debate
In this blog Protect Legal Adviser Phoebe Mather reflects on last week’s debate on the National Security Bill and the presentation of a new clause to introduce a Public Interest Defence. She explains why it is so vital a public interest defence be added and why it is disappointing the government opposed it.
Last week, the National Security Bill was debated at committee stage. Former Labour defence minister Kevan Jones MP presented a new clause for the introduction of a public interest defence to the disclosure offence created by clause 2 of the Bill, and the section 5 disclosure offence in the Official Secrets Act 1989.
Upcoming whistleblowing masterclasses
Handling a Whistleblowing Concern 2 November 10AM - 12PM
FULLY BOOKED - Investigating a Whistleblowing Concern 9 November 10AM - 12PM
Preventing Whistleblower Victimisation 16 November 10AM - 12PM
Financial Services Whistleblowing Champions' Masterclass 11 January 2023 9:30AM - 12PM
Handling a Whistleblowing Concern 18 January 2023 10AM - 12PM
Email business@protect-advice.org.uk for more info or book here
Parliamentary debate – Lawfare and Investigative Journalism
On 17th October, Parliament held an adjournment debate to discuss how investigative journalists are repeatedly targeted with strategic and financially crippling lawsuits to suppress their freedom of speech. This is also known as lawfare – where wealthy individuals abuse the law for political and military ends. Parliament discussed the high-profile legal action brought by the Nazarbayev fund and how this requires urgent anti-SLAPP legislation to be passed in the UK.
Nazarbayev’s legal action
The debate began with a detailed discussion of
An interview with Tas Brooker, Director of When We Speak
We spoke to Tas Brooker on making When We Speak, a film that follows the incredible story of three women whistleblowers
What inspired you to make this documentary?
I think the best documentaries are the ones that you learn something from, that you walk away from thinking I didn’t know anything about that subject and now I do. So, I was looking for a few years for a subject I could make my first documentary about. I had seen an article in Vice online which was about a whistleblower in New York and how his community had turned on him. And I was really surprised that the community
Press Release: Monaco judges rule against oil industry whistleblower Jonathan Taylor’s prosecution
Today, the Monaco Appeal Court threw out the appeal by the Monegasque Public Prosecutor, against the Investigating Judge’s decision to end the investigation against SBM whistleblower, Jonathan Taylor. His case attracted major international media coverage when he was detained under house arrest in Croatia in 2020 for almost a year after Interpol issued an arrest warrant on behalf of the Monaco authorities.
Commenting on today’s Monaco ruling, Taylor said:
My heartfelt thanks go to the many people who have tirelessly supported me over the years, with special mention going to everyone at the whistleblowing charity ‘Protect’, and to my incredible international team of lawyers, William Bourdon, Basile Oudet, Toby Cadman, Otto Volgenant and Hanna van Til, whose splendid work has got us to today’s decision.”
Read the full press release here
MPS Commissioner promises to ‘radically overhaul’ culture and standards after review highlights ‘shameful’ misconduct failings
The Commissioner of the Metropolitan Police Service (MPS) pledged to “set a new direction” after an independent review found its misconduct system was failing Londoners and police.
Andrew Pepper-Parsons, head of policy at UK whistleblowing charity Protect, said: “It is vital that every police force has an effective whistleblowing culture so that staff feel their concerns about serious misconduct will be dealt with."
Read the full article from Police Professional here
Crackdown on Greenwashing
Investigations have been launched by the Competition and Markets Authority (CMA) into the eco-friendly and sustainability claims made by fashion brands Asos, Boohoo and George at Asda. Tasked with the duty to protect consumers, the CMA have confirmed they won’t hesitate to take enforcement action against those found to be misleading or deceiving the public. This is the beginning of a crackdown on greenwashing – starting with the fashion industry. An effective whistleblowing policy will increase transparency within businesses and help to prevent environmental wrongdoings prevailing into the remit of regulators and the public eye.
The “E” in ESG
Thousands of limited liability partnerships incorporated in Britain “bear the hallmarks” of shell companies used for financial crimes, A report from Transparency International has concluded.
Over 21,000 firms may be being used in major corruption and money laundering schemes. Whistleblowing and good regulators are key to ensuring shell companies used for financial crime are exposed and put out of action.
Read the full article from the Times here
FCA dealt with less than a quarter of whistleblower cases received in 2021/22
For the period between April 2021 and March 2022, more than three quarters of the whistleblower submissions received by the Financial Conduct Authority are still under assessment. In figures seen by Post, 1041 cases were received by the FCA between April 2021 and 31 March 2022. As of 20 April 2022, 801 of those cases were still under assessment, and only three cases had seen.
Read the full article from Insurance Post here
What is a schedule of loss and how can I draft one for an ET Claim?
Before the final hearing, the tribunal will probably ask you to prepare document called a ‘schedule of loss,’ sometimes referred to as a ‘statement of remedy sought’. This is a document where you set out the loss you have suffered as a result of the unfair dismissal and / or detrimental treatment, and how much compensation you are claiming. The Tribunal might send you a template to do this. We have structured our webpage in accordance with this. You can also use our template schedule of loss and example schedule of loss as guides when preparing your own schedule of loss.
Do you fear you will be punished if you raise concerns at work? Contact Protect on 020 3117 2520 for free, confidential advice and support.
Please help us to support more whistleblowers on our free, confidential, Advice Line.
