©pcaw 2010 - 00 44 20 7404 6609 london 20 july 2010
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©PCaW 2010 - 00 44 20 7404 6609
London
20 July 2010
©PCaW 2010 - 00 44 20 7404 6609
©PCaW 2010 - 00 44 20 7404 6609
©PCaW 2010 - 00 44 20 7404 6609
PCaW is an independent charity, founded in 1993. We provide:
free confidential advice to people concerned about wrongdoing in the workplace who are unsure whether or how to raise their concern,
train organisations on accountability, whistleblowing and risk management,
campaign on public policy, and
promote public interest whistleblowing laws.
©PCaW 2010 - 00 44 20 7404 6609
Helpline - statistics
Over 18,000 calls to date - a third are from the health and care sector
35% are public, 44% private and the remainder voluntary sector or unknown
Source: Where’s whistleblowing now? PCaW 2010
©PCaW 2010 - 00 44 20 7404 6609
Helpline - statistics
Breakdown of types of wrongdoing
Source: Where’s whistleblowing now? PCaW 2010
©PCaW 2010 - 00 44 20 7404 6609
©PCaW 2010 - 00 44 20 7404 6609
Positive / Negative
Gives employee confidence on whether / how to raise a whistleblowing concern
Helpful to a manager confronted with a difficult whistleblowing concern
Assurance to Board / regulator that staff are encouraged to raise any significant issues
©PCaW 2010 - 00 44 20 7404 6609
Policy is written for the ‘silent majority’ offering them a safe alternative to silence
Approach is that they should raise concerns openly
Distinguish whistleblowing from
grievances & bullying
Provide internal and external options
Avoid any defensive legalistic terms in the policy
©PCaW 2010 - 00 44 20 7404 6609
Good whistleblowing arrangements provide staff with a clear message that there is a safe alternative to silence. They:
Deter wrongdoing
Detect wrongdoing early
Make management work
Demonstrate an accountable organisation
©PCaW 2010 - 00 44 20 7404 6609
A lead from the top
Safety valve communication channel outside the line
Default is open reporting but respect confidentiality
Provide internal and external options
Avoid defensive legalistic terms
Distinguish whistleblowing from grievances and bullying
Access to independent advice
Promote policy effectively
©PCaW 2010 - 00 44 20 7404 6609
©PCaW 2010 - 00 44 20 7404 6609
Audit Commission whistleblowing performance audits:
Minimal – Policy has been communicated to staff and parties contracting with the body
Good – Policy is publicised within the body and demonstrates the body’s commitment to providing support to whistleblowers
Excellent – Track record of effective action in response to whistleblowing disclosures. Periodic reviews of the effectiveness of the arrangements and also effective arrangements for receiving and acting upon information from members of the public
©PCaW 2010 - 00 44 20 7404 6609
Committee on Standards in Public Life
ICAEW – Guidance for Audit Committees (2004)
British Standards Institution – Whistleblowing Arrangements: Code of Practice
Speak up for a Healthy NHS
©PCaW 2010 - 00 44 20 7404 6609
Policy conforms to good practice
Buy-in (those in charge)
The right start (practical implementation)
Communication & confidence (staff)
Briefing / Training (designated officers & managers)
Logging concerns (formal)
Reviewing the arrangements
©PCaW 2010 - 00 44 20 7404 6609
©PCaW 2010 - 00 44 20 7404 6609
UK’s Public Interest Disclosure Act 1998 (PIDA), praised by Lord Nolan for ‘so skilfully achieving the essential but delicate balance between the public interest and the interest of employers’:
signals a change in the culture
applies to workplaces across public, private and voluntary
is not prescriptive
provides strong civil sanctions against reprisal
©PCaW 2010 - 00 44 20 7404 6609
The legislation
promotes & protects public interest whistleblowing
focuses on wrongdoing that threatens the public interest
encourages open rather than anonymous whistleblowing
has a stepped disclosure regime that emphasises
internal accountability, strengthens regulatory oversight and recognises public accountability
©PCaW 2010 - 00 44 20 7404 6609
Genuine suspicion
Substance to the
concern
Valid cause to go wider
The actual disclosure is reasonable
Internal disclosure
Regulatory disclosure
Public disclosure
Lord Nolan’s praise for ‘so skillfully achieving the essential but delicate balance between the public interest and the interest of the employees’.
©PCaW 2010 - 00 44 20 7404 6609
Over 9,000 tribunal claims to date
The number of claims has increased from 157 in 1999/2000 to 1,700 in 2008/9
70% of PIDA claims settle
Of the remainder 78% were lost and 22% were won
Highest tribunal award is £5 million
PIDA retains support of business, union and regulatory interests
©PCaW 2010 - 00 44 20 7404 6609
We analyse all judgments emerging from the employment tribunals – 3,000 to date
Where do the cases come from?
©PCaW 2010 - 00 44 20 7404 6609
Our breakdown of types of wrongdoing in PIDA judgments
©PCaW 2010 - 00 44 20 7404 6609
What the surveys say
86% of UK employees believe that people in their company feel free to report a case of suspected fraud, bribery or corruption. In Europe this figure is 57%
Negative media portrayal of whistleblowers is virtually nil now compared to 1997
The term “whistleblowing” is increasingly seen in a neutral to positive frame
1. Ernst & Young – Survey into Fraud Risk Mitigation – UK Report
2. Karin Wahl-Jorgenson, Cardiff School of Journalism, Media and Cultural Studies – study commissioned by Public Concern at Work, Where’s whistleblowing now? 10 years of legal protection for whistleblowers
3. YouGuv survey 2007 & 2009, commissioned by Public Concern at Work, Where’s whistleblowing now? 10 years of legal protection for whistleblowers
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©PCaW 2010 - 00 44 20 7404 6609
Recent developments
Regulatory referral – in force on April 2010
A compromise on open justice
Individual consent required
The Bribery Act
adequate procedures
Guidance to be issued in Autumn 2010
©PCaW 2010 - 00 44 20 7404 6609
What next?
Promotion of the law
Public interest test
Non-Executive Directors
Professional bodies
PIDA outside of the Employment Tribunals – professional bodies
Pre-employment/blacklisting
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