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November
With the festive period fast approaching, this month has been busy in the world of whistleblowing with the culmination of some significant cases, the introduction of the first anti-SLAPP legislation, and activities marking both Pro Bono and Trustees' Weeks.
Sadly we’ve seen a catalogue of shocking cases relating to sexual harassment and abuse in the workplace in recent weeks – including McDonald's, the Red Arrows and the Welsh Rugby Union.
The #MeToo movement has led to unacceptable, and in some cases criminal, behaviour being exposed. While some workplaces are wising up and embedding better ways of working much more is needed. Recent research by The Barrister Group says almost a third of UK workers have experienced sexually inappropriate behaviour, with only half feeling comfortable enough to report it. Workers stay silent fearing they won’t be believed or taken seriously, or even that they would be blamed. We explored this subject at our whistleblowing conference last month hearing from the former personal assistant to Harvey Weinstein and the President of the Law Society – you can watch the session here.
We’ve been following the case of civil service whistleblower, Josie Stewart, who was dismissed after speaking out over the UK’s chaotic withdrawal from Afghanistan in 2021. Following an interim ruling in her case she’s been told she cannot rely on parts of her evidence due to Parliamentary Privilege. This poses the question whether civil servants are afforded the same legal rights as other workers? It's a stark example of the need for reforms to strengthen civil servants’ rights as whistleblowers. You can read our statement on the judgment here.
The Economic Crime and Corporate Transparency Act (ECCT) has received Royal Assent and will introduce the first piece of anti-SLAPP legislation to the UK. Protect is a proud member of the Anti-SLAPP Coalition UK, and we welcome this legislation, although it only covers those speaking out on economic crime. The ECCT Act also includes a new offence of “failure to prevent fraud” which larger organisations will need to consider – we think effective whistleblowing arrangements will be vital. Read more here.
And finally, this month saw two annual events that gave us the opportunity to thank those who give their time for free to help the work of Protect. Pro Bono Week recognises the support made by the legal profession in giving free legal help to those in need, while Trustees' Week allows us to give thanks to our wonderful board of trustees, and their championing of Protect's work. We are incredibly grateful to everyone who gives their time and energy to support our mission. We have dedicated blogs on our website relating to both Trustees' and Pro Bono Week blogs.
Anti-SLAPPs and the Economic Crime and Corporate Transparency Act: What’s next?
Protect welcomes the introduction of the first anti-SLAPPs legislation in the UK, but is clear this doesn’t go far enough and there needs to be a dedicated law. SLAPPs continue to threaten the right to speak out and speak up, are a significant threat to democracy and place whistleblowers in a vulnerable position.
November Highlights
MPs have been told that sexual harassment is still "prevalent" in the City despite action to stamp it out. Evidence to the Commons Treasury Committee, inlcuding submissions from Protect, shows women are being silenced from speaking out by Non-Disclosure Agreements (NDAs).
Unpacking the debate around access to justice Andrew Pepper-Parsons, Director of Policy and Communications at Protect, says “It should be automatically unfair to dismiss a whistleblower where their disclosure was a material factor in the dismissal,” in the Byline Times this month.
An NHS consultant paediatrician says whistleblowing and the highlighting of patient safety issues should be a routine duty and not something that puts the individual raising concerns at risk.
Failure to Prevent Fraud Offence
Following a change in the law, large organisations will soon be criminally liable if they benefit from fraud committed by a member of staff. It aims to discourage large organisations from turning a blind eye to fraud and to hold companies to account if they profit as a result. Protect hopes the new offence will help protect victims and reduce economic crime by driving culture change towards better internal fraud prevention procedures.
Choosing to be charitable with knowledge – a call to action this Pro Bono Week
For Pro Bono Week Halima, a legal secondee from Baker McKenzie, shares her thoughts on the importance of pro bono work and that being charitable doesn’t always have to be financial, it can be the giving of time, expertise, or kindness. Protect is extremely grateful to all the organisations and individuals who dedicate their time, insight, skills and support for our charity.
Environmental, social, and corporate governance (ESG) - what you need to know
Ever thought how whistleblowing can help optimise your ESG strategy? What are the legal obligations as an organisation? Join us for our masterclass on the 25th Jan 2024 and begin building an effective ESG strategy for your organisation.
No whistleblower should be victimised for raising public interest concerns. That's why Protect has developed this unique guide to help organisations of all sizes to deal with concerns, improve their speak up cultures, plus prevent victimisation to whistleblowers from across all sectors.
Take your skills and knowledge to the next level in cultivating a robust speak-up culture
Protect's 2024 masterclasses are now open for online bookings. Immerse yourself in practical exercises and real-world whistleblower case studies where the sessions are led by experienced Legal Advisers. The list includes Whistleblowing Essentials, ESG, Financial Services Whistleblowers' Champion, Preventing Whistleblower Victimisation, plus much more.
