©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

1

3

2

©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