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Overview


2011

In December we were asked to provide a briefing to the Public Accounts Committee on the prevalance of gagging clauses in the NHS and any solutions we had for better oversight.

In response to the Health Select Committee's report on accountability of the GMC and the NMC in July, we provided a briefing to its members. We are concerned that too much focus has been placed on the duty professionals have to raise concerns rather than organisational failures to address wrongdoing. The briefing also highlights weaknesses to PIDA in the form of protection to GPs and student nurses, and examines issues arising more generally in the care and health sectors.

In April we published our report Speaking up for vulnerable adults: what the whistleblowers say as part of our research into whistleblowing in the care sector. See our campaigns page from more on this project.

we submitted a response to the recent Department of Business Innovation and Skills (DBIS) consultation on Employment Tribunals. 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.

In February PCaW, alongside TI and Global Witness and 76NGOs across the globe, 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.

Further to the launch of the full public inquiry into Mid Staffordshire Foundation NHS Trust, we were asked to submit further evidence to the inquiry in 2011.Our earlier evidence was submitted to the Francis Inquiry in 2010.

Valentine's Day marked the closure of the legal aid consultation. We argued that employment matters should not be removed from the scope of legal aid. If the government is to limit the scope of legal aid, we argued that whistleblowing claims should be treated in the same light as discrimination claims, and legal aid should apply. You can read our response here.

In January the Department of Health set out the proposed changes to the NHSConstitution 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.

2010

We responded to the Ministry of Justice consultation on guidance for commercial organisations(section 9 of the Act) in November, recommending fuller guidance on what constituted good whistleblowing arrangements.

The abolition of the Audit Commission caused us considerable concern. We wrote to the Communities and Local Government Select Committee in September asking where will whistleblowers go once the Audit Commission is abolished?

The Social Partnership Forum launched Speak up for a healthy NHS in June. The guidance was drafted by us, to help NHS organisations achieve best practice whistleblowing arrangements and create a culture where staff can speak up safely. The guidance also 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."

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

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

In April, following the concerns we raised during the passage of the Employment Bill 2008, the Employment Tribunals have new powersto pass PIDA claims to the appropriate regulator, where the claimant consents.Click here for our press release.

In March we published our review Where's whistleblowing now? 10 years of legal protection forwhistleblowers. The review looks backover 10 years of PIDA, our helpline, public perceptions and media representation of whistleblowing. We launched our review on 24 March at Portcullis House.

2009

Further to our campaign regarding the reduction in transparency of PIDA claims the Department of Business, Innovation and Skills have proposed that PIDA claims are forwarded by the Employment Tribunal Serviceto the appropriate regulator. We welcome the proposal and have provided abriefing 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. See here for the Government's response.

In June we responded to the Financial Reporting Council’s review of the Combined Code and related guidance. 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 theBSI code of practice.

In January we responded to the 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 the parliamentary oversight and provide a clear route for civil servants.