Latest

Briefing on PIDA to the German Bundestag 
See our briefing paper prepared for a public hearing in the German Bundestag on the law protecting whistleblowers.
22 February 2012

Public Accounts Committee - PCaW Briefing
We were asked to provide a briefing on the prevalance of gagging clauses in the NHS and potential solutions
12 December 2011

NHS Manchester v Fecitt
The Court of Appeal (CA), in the case of NHS Manchester v Fecitt, involving three nurses who claimed to have suffered because they blew the whistle, found against the nurses saying that even though the Trust could and should have done more to protect them, the decisions taken by the Trust were not because of the whistleblowing. Significantly the CA found that employers are not vicariously liable for retaliatory acts of other workers.

In light of this ruling PCaW calls for interested parties to ask the Government to revisit this vital issue to close a gap in the legal protection for whistleblowers.

Cathy James, Chief Executive of PCaW said: "This ruling means that an employer who does not do enough to protect staff from retaliation can hide behind their own inaction and escape liability. This is not good enough and may mean that workers (and particularly healthcare workers) stay silent when faced with the risk of blowing the whistle".

NHS Constitution and whistleblowing 
We welcome the Government’s response to the consultation on the NHS constitution and whistleblowing. Changes to the constitution, to be made in early 2012, will add:

• an expectation that staff should raise concerns at the earliest opportunity
• a pledge that NHS organisations should support staff by ensuring their concerns are fully investigated and that there is someone independent, outside of their team, to speak to
• clarity around the existing legal right for staff to raise concerns about safety, malpractice or other wrong doing without suffering any detriment.

Cathy James, our Chief Executive commented:

“This is a step in the right direction and seems to be a genuine attempt to strike the right balance between supporting individuals who speak up and the responsibilities of organisations. If this positive message is to be felt by those on the frontline, organisations need to take this seriously. All staff should also know that we are on hand to provide support on whistleblowing concerns via our free, confidential Advice Line.”

PCaW intervenes in Court of Appeal case
We are intervening in the case of NHS Manchester v Fecitt, Woodcock & Hughes at the Court of Appeal. NHS Manchester is appealing the Employment Appeal Tribunal decision on the basis that the causation test used in discrimination cases should not apply to whistleblowing. We argue that there are important public interest reasons for the Court of Appeal to ensure that there is effective protection for whistleblowers, that the public interest objectives of PIDA are not watered down, and that the employers have a high duty to ensure that staff who have witnessed wrongdoing or malpractice in the workplace are not victimised. More needs to be done to ensure that those who have victimised whistleblowers are taken to task. We instructed Robin Allen QC to make our intervention, which you can view in the title link above.

You can also read Paul Epstein QC's view on this case. 

Royal Pharmaceutical Society & PCaW launch whistleblowing guidance
We are pleased to have worked with the Royal Pharmaceutical Society to produce guidance for individuals and organisations.

G20 Whistleblowing Advocacy Initiative
We are pleased to be part of an international advocacy initiative looking at the G20's Anti-Corruption Plan on the implementation of whistleblower protection legislation by the end of 2012. The international group has written to the G20 Anti-Corruption Committee, see the title link for our letter.

What do we really think of whistleblowers?
Our recent webinar with GlobalNet21 - just add your name to "guest" to listen to the recording.
Monday 15 August 2011

Misplaced Duties
Andrew Parsons comments on the dangers of placing a blanket whistleblowing duties on individual professionals to blow the whistle.

Briefing to Health Select Committee 
In response to the Health Select Committee's report on accountability of the GMC and the NMC, we provided this briefing to its members. We are concerned about the focus on individual duties to blow the whistle rather than organisational failures to address wrongdoing, identify weaknesses to PIDA in the form of protection to GPs and student nurses, as well as examine issues arising more generally in the care and health sectors. You can also read our press release on the Committee's report here.

Speaking truth to power
Cathy James comments on Nick Cohen's Guardian article Let the law save whistleblowers, not silence them, 10 July 2011.

Where are the NOW whistleblowers?
Shonali Routray provides comments on the developing story at News of the World.

What stops care workers speaking up? 
Cathy James comments in Care Talks magazine. See page 10.

Stand up for whistleblowers
PCaW commissioned YouGov to ask questions about whistleblowing in the UK. The results revealed low awareness of whistleblower protection. See the full survey results for more information.

Turning a blind eye in the care sector
Cathy James comments on Panorama's investigation, "Undercover Care" aired on 31 May 2011.

Corridors of Silence
Cathy James explores new proposals for whistleblowing in European Institutions and is worried that the over-emphasis on malicious whistleblowers means that policy makers are missing a trick in promoting an open and safe culture for whistleblowers to speak up. You can read the original study here.

New Chief Executive for Public Concern at Work
The trustees of Public Concern at Work are delighted to announce the appointment of Cathy James as the organisation’s new Chief Executive. 
5 May 2011 

Employment Tribunal Consultation
We submitted a response to the recent Department of Business Innovation and Skills (DBIS) consultation. We made the following recommendations:

• Promotion of what constitutes good practice whistleblowing arrangements to ensure workplace disputes are avoided or handled well.
• In addition to guidance on statements of loss, online guidance on how to draft an ET1 and an ET3 for each head of claim that is within the jurisdiction of the Employment Tribunal System.
• An online database of employment tribunal judgments.
• An open register of ET1s and ET3s, of PIDA claims specifically, be re-established, as exists within the civil courts.
• Exclude PIDA claims from the cost and settlement offer provisions proposed by this consultation.
• Consider revision of PIDA to include a public interest test.
• Consider tribunal powers for recommendations for whistleblowing arrangements and for financial penalties in PIDA claims where such arrangements have been obviously flouted.
• In relation to PIDA claims further promotion of the principles behind s43J PIDA

20 April 2011

Saving Justice
PCaW get a mention in the latest Saving Justice report by Justice for All. The report identifies the key themes in the reponses to the Ministry of Justice consultation on legal aid.
April 2011

Speaking up for vulnerable adults: What the whistleblowers say
Read our report examining whistleblowing in the UK care sector. Our acting director, Cathy James commented “Our research demonstrates there are systemic deficiencies that prevent care workers from speaking up effectively to protect vulnerable adults. This must be addressed. We have to ensure that whistleblowers are encouraged and supported.

We are calling for proactive promotion of best practice in whistleblowing arrangements and the support available for whistleblowers. This includes training and guidance for managers on how to handle concerns, employers providing feedback when responding to concerns, a greater awareness of rights, zero tolerance of whistleblower victimisation, and clearer guidance about how and when to approach relevant authorities.

Many of these steps are straightforward and cost effective. Employers can do so much more to protect vulnerable adults by making it safe for care workers to question wrongdoing and malpractice.”

Click here for press release.
April 2011

After Wikileaks: the challenges for employers
Read our recent article for March/April edition of Workplace Law Magazine here.

Mid Staffordshire Inquiry
Read our latest submission to the Inquiry here.

Time to put G20 Anti-Corruption commitments into practice
PCaW, alongside TI and Global Witness and 76 NGOs across the globe, has sent a letter to the G20 asking them to put into practice their action plan on anti-corruption agreed in Seoul. The action plan includes ensuring and promoting whistleblower protection among G20 countries.

Legal Aid Consultation
This Valentine's Day marks the closure of the legal aid consultation. We argue that employment matters should not be removed from the scope of legal aid. If the government does limit the scope of legal aid, we argue that whistleblowing claims should be treated in the same light as discrimination claims, and legal aid should apply. 

Wikileaks, Whistleblowers and Whitehall
An article examining whistleblowers in Whitehall and possible consequences of Wikileaks for Counsel Magazine.
February 2011

Our Acting Director, Cathy James, interviewed in Prague
27 January 2011

Calls from the financial services sector halved
We ask if banks are doing enough to re-assure staff?
24 January 2011 

Consultation on the revised NHS constitution
We welcome the aim of the proposed changes to the NHS Constitution to highlight the expectations and responsibilities for NHS staff and NHS organisations on whistleblowing issues. See our response to the consultation questions for more detail.
11 January 2011 

Wikileaks - where's the public interest? 
A comment piece for St Paul's Institute on Wikileaks and where the public interest lies. 
16 December 2010

Wikileaks - what does it mean for ordinary whistleblowers?
Our comment piece on Halsbury's Law Exchange.
10 December 2010. 

Wikileaks - will there be a backlash for whistleblowers?
Our commentary on Wikileaks and the US Cables.

Saving the public purse - where will whistleblowers go once the Audit Commission is abolished?
Our letter to the Communities and Local Government Select Committee.
10 September 2010

The Bribery Act 2010 
Our response to the Ministry of Justice consultation on guidance for commercial organisations (section 9 of the Act).
4 November 2010

Speak up for a healthy NHS
The Social Partnership Forum has launched a guide Speak up for a healthy NHS, written by us, to help NHS organisations achieve best practice whistleblowing arrangements and create a culture where staff can speak up safely.The guidance also to promotes the support we provide across the NHS. The Secretary of State for Health, Andrew Lansley commented on the launch of the guide:
"Publication of this guide is an important step in developing a culture of patient safety. NHS staff need to be free to raise concerns and shielded from any backlash. To make sure staff know about their rights, and are supported, the local NHS must champion this guide in their own organisations."

Cathy James, our Acting Director commented:

"We have to make it safer for all NHS staff to speak up and this policy pack, aimed at helping NHS organisations get whistleblowing right, will go some way to achieving this. It is vital that NHS staff know where they can seek advice and who to tell if they have a serious concern - this has to be about providing a safe alternative to the silence which may have caused needless deaths at Mid-Staffordshire."

Whistle while you work
The British Medical Journal analyse NHS foundation trust policies.

Lending our support
We are delighted to lend our support to the British Safety Council's (BSC) campaign - Speak Up, Stay Safe, aimed at helping 14-19 year olds speak up in the workplace. Click here for more about our contact with the BSC.

Moving on
We are sorry to lose our Director, Catherine Wolthuizen. We wish her every success in her new role with the Consumer Financial Education Body. A process for the recruitment of our new Director will commence shortly.

Public Inquiry into Mid-Staffordshire NHS Foundation Trust 
On 9 June 2010 the Secretary of State for Health announced a full public inquiry into the failings at the above Trust. Further that the Government intended to strengthen protection for NHS whistleblowers. Click here for our press release.

Council of Europe resolution on whistleblower protection
On 29 April 2010, the Council of Europe adopted a resolution that all member states should have in place whistleblower protection. PIDA was widely praised as an example of comprehensive whistleblower legislation. For our press release and further information please click here.

Where's whistleblowing now? 
This report looks at 10 years of PIDA with a comparative view of our helpline and public perceptions of whistleblowing. The emerging picture from the report is the real need for the Government and employers to do more to encourage and support whistleblowers.
Please see our executive summary for a snapshot of the report. 

Our response to the Mid-Staffordshire NHS Foundation Trust Inquiry

Open justice and making regulation work 
During the passage of the Employment Bill 2008, we raised concerns regarding the lack of transparency in PIDA claims. The Department of Business, Innovation and Skills have opened a consultation proposing that all PIDA claims be forwarded to the appropriate regulator by the Employment Tribunal Service. We sent a briefing note to unions and regulators, many of whom are a "prescribed person" under PIDA, ahead of our response to the Department in early October 2009. On 6 April new powers for employment tribunals to forward claims as suggested, provided the claimant consents, come into effect. Click here for our press release. See here for the Government's response.

PCaW's Chairman awarded a CBE
We are delighted to announce that our Chairman, Michael Smyth, has been awarded a CBE in recognition of his pro bono legal work at Clifford Chance.

Is whistleblowing working?
This is an audicast produced by the Chartered Institute of Management Accountants. CIMA and their interactive members challenge Public Concern at Work on some key questions about whistleblowing. The audiocast was broadcast live on 18 May 2009.

Review of the Combined Code and related guidance. 
We responded to the above consultation run by the Financial Reporting Council. We recommended they review the role of NEDs in whistleblowing arrangements and extend the scope of PIDA to cover them. Further that they highlight the availability of guidance on whistleblowing arrangements in the BSI code of practice.

Public Administration Select Committee inquiry: Whistleblowing in Whitehall.
The inquiry was opened in response to the arrest of Chris Galley, the civil servant who had leaked documents to Damien Green MP. We recommended that they consider the Chairman of the Committee become a prescribed person under PIDA to receive substantive concerns from civil servants as this would help re-assert parliamentary oversight and provide a clear route for civil servants.

Safeguarding adults: a review of the 'No Secrets' guidance
This is our response to the Department of Health's consultation on reviewing the No Secrets guidance. We responded specifically on the questions regarding the need for whistleblowing policies. We recommended that the department demonstrate the importance of leadership by promoting good practice guidance for whistleblowing arrangements. We also commented on the dangers and complications of imposing duties on workers to blow the whistle. 

Consultation on the proposed code for local authority members and employees
This our response to the Department for Communities and Local Government's consultation. We look at the dangers of imposing duties on employees and suggest a new wording for the proposed code to give clearer guidance to employees who want to raise their concern.

The banking crisis and whistleblowing
At a time when the banking system is under fire for excessive risk taking and misconduct, with questions on how practices were able to develop unchallenged when staff must have known or been concerned about the risk, now more than ever the principles of openness and accountability must translate into practices in the workplace. In November and December 2008 we submitted a response outlining the importance of whistleblowing to the following Treasury Committee evidence sessions on the banking crisis.

Northern Rock and Bradford & Bingley 
Executive remuneration 
The work of the FSA

Secrecy in whistleblowing claims 
Public Concern at Work continues to urge the government for greater transparency in claims brought under the Public Interest Disclosure Act 1998. Two amendments were tabled for the Employment Bill by Ian McCartney MP for debate in the Commons on 4 November 2008. The amendments received cross party support and we provided a brief to supporting MPs ahead of the debate.

Whistling in the dark 
Peter Day from In Business on Radio Four looks a fresh look at whistleblowing 10 years after the Public Interest Disclosure Act was passed. 

Public Concern at Work's response to Department of Health's Consultation on Responsible Officers 
The Government, as part of the Health and Social Care Act 2008, enshrined the role of the responsible officer for all healthcare organisations. The responsible officer is meant to oversee all matters relating to revalidation and the conduct and performance of doctors on behalf of those organisations. We are concerned the Government may be placing a duty on such persons to report any issues of conduct and performance to the GMC. We felt the imposition or perception of such a duty could have a chilling effect on people blowing the whistle. We further commented on the importance of local accountability and make suggestions that we think will enhance local accountability rather than stifle it.

Information Commissioner decision: justice is opening up 
Public Concern at Work has hailed the decision as an important step towards ensuring proper transparency and accountability in the administration of employment claims, in accordance with the principles of open justice. Click here to view our press release. 

Top job - filled! 
Public Concern at Work is delighted to announce the appointment of Catherine Wolthuizen as the charity's new director. Catherine is currently chief executive of Fair Trials International and will take up the post on 22nd September 2008. Michael Smyth, chair of Public Concern at work welcomes Catherine and said “She brings strong skills and talent to the role and the Board is confident that Catherine will lead the charity well at this crucial time when whistleblowing is high on the UK and international agendas.”  

Whistleblowing to protect patients 
232 nurses successfully blew the whistle and saved patients from harm. This is one of the findings from a survey of nurses we conducted with Nursing Standard. Of 752 responses 74% said they would blow the whistle next week even if they had suffered reprisals in the past. The good news is that nurses say the culture is improving year on year but 47% still said the concern was handled badly. Where a trust promotes whistleblowing well, 81% of nurses say they suffered no reprisal and 67% say the concern was handled well. In trusts where whistleblowing is not promoted this figure collapses to 16%. Click here for the full survey results.

Love me tender: keeping the NHS fit
Public Concern at Work has won the competitive tender to provide whistleblowing support to the third largest and the most complex organisation in the world. The contract - which is to provide advice and guidance for staff and bodies throughout the NHS in England and policy advice to Government - runs to April 2011. Anna Myers, PCaW’s deputy director, says “In the NHS, more than in any other organisation, whistleblowing can be a matter of life and death. From our work in the sector, we have expert experience on how best to raise a concern. In the months and years ahead, we look forward to working with staff and managers as they strive to put the patient first, while also building up the confidence of the public and the taxpayer”.

Blanket of secrecy
We are lobbying Parliament to remove the blanket of secrecy that means there is no information on the public record about 70% of claims brought under the Public Interest Disclosure Act 1998. We briefed the House of Lords in advance of Lord Borrie’s debate on 25 February 2008 and continue to press the case.

Rewarding whistleblowers
This is our response to the Government’s proposal that we might follow the US legal scheme whereby whistleblowers get a cut of 15-30% the money recovered by the Exchequer.

Whistleblowing policies in Whitehall
This review of whistleblowing policies in Whitehall finds that the Cabinet Office, which sets the standards for how public bodies behave, has the worst rated policy among Government departments. The top rating Department was Culture, Media and Sport with twenty five points, closely followed by the Department for International Development and the Department for Education and Skills. Public Concern at Work says that the central guidance on whistleblowing in the Directory of Civil Service Guidance needs to be overhauled so that it provides accurate and helpful guidance to departments on the whistleblowing law and the new Civil Service Code. The charity also recommends that all departments annually survey staff confidence in their whistleblowing arrangements and review how they are working in practice.

Where’s whistleblowing?
A You Gov survey commissioned by Pubic Concern at Work shows that public attitudes to whistleblowing are increasingly positive. 85% of people said they would raise a concern of malpractice with their employer and 31% said they would go to a regulator or the police if the internal route was not an option. An Ernst and Young survey on attitudes across Europe showed that attitudes in Britain were much more positive than those on the continent.

Freedom of Information Act - fees regulations
The government has published draft regulations that propose to include the time taken to read, consider and consult on Freedom of Information requests. This response asks that before any changes take place there should be an assessment of the benefits that the Freedom of Information Act has brought, and warns that the proposed savings have been miscalculated, and that costs of implementing the changes have been ignored. To read the press release click here.

Collective responsibility at work
This paper looks at the issues of collective and individual responsibility in the workplace and how law and practice are developing in this area. It considers the effects of the important decision of Majrowski by the law lords in the summer of 2006 on workplace bullying and questions the basis on which the decision was reached. The points it raises have a wider implication for the relationships between the administration, executive, legislature and the courts. The essay also summarises how the whistleblowing law is operating.

Article 33 of the UN Convention Against Corruption
The UN Convention Against Corruption (UNCAC) includes a provision on whistleblowing. This note explains how countries around the world can sensibly comply with this provision.

The Whistleblower - Summer 2006
The latest round-up of key developments on whistleblowing. 

DTI pays £130,000 damages for time wasting
Public Concern at Work receives ground-breaking compensation from the Department of Trade and Industry.

Revised Civil Service Code
We express our pleasure that the Civil Service Code will expressly mention the Public Interest Disclosure Act for the first time. However, we think the proposed internal whistleblowing provisions are over complicated, that the drafting is surprisingly poor and that the Code should include diversity as a core value. Public Concern at Work has suggested its own draft of the Civil Service Code in order to assist the Government.