©PCaW London 3 June 2014

NHS Chief ‘stopped from speaking on patient safety Health service manager Gary Walker is the first former NHS employee to break the so- called “super gag”. 14 February 2013 BBC News Charity calls results of NAO assessment 'troubling' after Cabinet Office, which sets whistleblowing policy, comes bottom 16 January 2014 The Guardian Headlines Cabinet Office and Treasury trail in government whistleblowing report ©PCaW Edward Snowden: a whistleblower, not a spy He has published US government information. And it is for this – not espionage – that he will have to answer to the law. 2 July 2013 The Guardian Olympus whistleblower Michael Woodford speaks out Michael Woodford, who blew the whistle on an accounting scandal at Olympus, appeared at its shareholders' meeting and demanded to know why he was fired as chief executive. 20 April 2012 The Independent

©PCaW PCaW definition: Raising a concern about wrongdoing, risk or malpractice with someone in authority either internally and/or externally (i.e. regulators, media, MPs) What is Whistleblowing?

©PCaW PCaW is an independent charity, founded in We provide: free confidential advice to those concerned about wrongdoing in the workplace who are unsure whether or how to raise their concern train organisations on policy and law of whistleblowing campaign on public policy, and promote public interest whistleblowing laws. Public Concern at Work

©PCaW Advice Line - statistics Over 26,000 requests for advice. Advised over 16,000 whistleblowers. Source: PCaW Public Concern at Work

©PCaW Advice Line - statistics 39% are public, 42% private and the remainder voluntary sector or unknown Source: PCaW Public Concern at Work

©PCaW Advice Line - statistics Breakdown of types of wrongdoing Source: PCaW Public Concern at Work

©PCaW Experience of whistleblowers

Keep quiet? Go outside? Raise internally? A concern about malpractice ©PCaW The dilemma

©PCaW

 83% of workers blow the whistle up to two times, usually internally.  15% of whistleblowers raise a concern externally. Even on the third attempt, 60% persevere with the internal option. Only 22 individuals raised a concern four or more times. Half of these went outside their organisation  74% of whistleblowers say nothing is done about the wrongdoing.  60% of whistleblowers receive no response from management, either negative or positive. The Inside Story: research headlines

©PCaW  The most likely response is formal action (disciplinary or demotion) (19%).  15% of whistleblowers are dismissed.  Senior whistleblowers are more likely to be dismissed.  Newer employees are most likely to blow the whistle (39% have less than two years' service). The Inside Story: research headlines

©PCaW Public Concern at Work YouGov Survey 2013 In the last two years, 1 in 10 workers said they had a concern about possible corruption, danger or serious malpractice at work that threatens them, their employer, colleagues or members of the public Two thirds raised their concern with their employer 83% said if they had a concern about possible corruption, danger or serious malpractice at work they would raise it with their employers 72% view the term whistleblower as positive or neutral

©PCaW Public Concern at Work YouGov Survey % of respondents said if they had a concern nothing would stop them from raising it with their employer but others highlighted the following barriers to raising a concern: o fear of reprisal (22%); o worry about what the response of colleagues would be (22%); o if managers were involved in the wrongdoing (21%); o fear of being identified (19%); o the belief that it wouldn’t be dealt with appropriately (20%), or that it wouldn’t make a difference (i.e. no action would be taken) (20%); o fear of damage to their career (21% ) 42% of workers said their employers have a whistleblowing policy compared with 29% in 2007

93% of respondents said they have formal whistleblowing arrangements in place But 1 in 3 think their whistleblowing arrangements are not effective 54% said they do not train key members of staff designated to receive concerns 44% confuse personal complaints with whistleblowing 1 in 10 say their arrangements are not clearly endorsed by senior management ©PCaW Survey of UK organisations

©PCaW

Promotes and protects open whistleblowing Tiered disclosure regime, which emphasises internal whistleblowing, regulatory oversight and recognises wider accountability Signals a change in the culture International benchmark ©PCaW The Public Interest Disclosure Act 1998

© PCaW Lord Nolan’s praise for ‘so skilfully achieving the essential but delicate balance between the public interest and the interest of the employers’. The Public Interest Disclosure Act 1998

©PCaW Whistleblowing Commission Report Launched November 2013

©PCaW Terms of Reference To examine the effectiveness of existing arrangements for workplace whistleblowing in the UK and to make recommendations for change.

©PCaW Code of Practice drafted a code of practice to be used as the basis for consultation code of practice to be rooted in statute regulators to use CoP to assess those they regulate licencing and registration of any organisation could be affected if fail to follow the CoP

©PCaW Code of Practice 15 recommendations for raising, handling, training and reviewing workplace whistleblowing including that: confidentiality will be maintained where requested clear assurances are given to staff about protection from reprisal specific individuals have responsibility for the arrangements there is a need for greater oversight of whistleblowing arrangements by non-executive directors or equivalent there is a review of the effectiveness of the arrangements key data around review is publicised

©PCaW Regulators regulators should have a clear procedure for dealing with whistleblowers feedback to the individual is vital (where possible) whistleblowing in regulatory annual reporting mechanisms, including in accountability hearings before Parliament.

©PCaW Regulators (cont.) The information to be provided or published annually should include: a)the number and type of concerns received by regulators from whistleblowers; b)the number of enforcement actions that have been triggered or contributed to by whistleblowers; c)the number of PIDA claims that have been referred by the employment tribunal service; d)the number of organisations which failed to have in place effective whistleblowing arrangements and what action was taken as a result; and e)what action has been taken to promote and enforce the Code.

©PCaW Recommendations No to the introduction of financial rewards or incentives for whistleblowing Simplification of PIDA including a non- exhaustive list of the types of ‘public interest’ information Additional categories of wrongdoing (gross waste or mismanagement of funds and serious misuse or abuse of authority) Broader scope of workers including those wrongly identified as whistleblowers

©PCaW Recommendations clearer anti-gagging provisions (Section 43J PIDA) when workers receive advice from an independent adviser on settlement, they also receive advice about the effect of section 43J PIDA. specialist training for ET judges power of ET to make recommendations referral of claim forms to regulators

©PCaW Whistleblowing headlines

©PCaW Q&A