March Newsletter
Whistleblowing is all about holding wrongdoers and organisations accountable for their actions. So we’re very pleased to see the Committee on Standards in Public Life has embarked on a new investigation into public sector accountability.?Much focus is rightly on individuals and the wider public being harmed by wrongdoing - the NHS, the Metropolitan Police and Post Office being recent examples. Less attention is given to the public cost of failures and scandals, many of which could have been stopped had whistleblowers been listened to, and the failure to learn the lessons.? ? ? A recent report by Parliament’s Expert Panel on health and social care draws attention to this “implementation gap” between recommendations for public sector reform and changes being put in place.?Do we need to do more to hold public sector leaders to account when wrongdoing occurs on their watch??
This month we’re turning our focus to the issue of confidentiality and its importance in effective and successful whistleblowing.?There’s a high-profile battle at play in the theatre of politics with Veterans Minister and former soldier Johnny Mercer MP refusing to give up details of whistleblowers at the Afghan Inquiry. He says people came to him in confidence with information about alleged murders and cover ups by special forces in Afghanistan and he told them he’d keep their identifies secret. He’s now being challenged at the highest level – at an independent inquiry at the Royal Courts of Justice - and threatened with a prison term if he doesn’t give up their names.?
Should MPs be able to offer complete confidentiality in this way??If he is required to name the whistleblowers, will it have a chilling effect on potential armed forces whistleblowers in the future? Our blog on the subject unpacks the dilemma and presents some thoughts on navigating this particular tightrope.
In the corporate arena we’ve seen many organisations embracing new tools for receiving concerns which allow anonymous whistleblowing – on the basis that the message, not the messenger – is what they need to know. An interesting example is from Wirecard whistleblower Pav Gill whose new tool allows whistleblowers to contact an external body, which offers to package up the concerns as clearly as possible and without the risk of identification.?But outsourcing whistleblowing arrangements entirely carries risks too – reporting lines should be seen as a useful add-on to effective internal arrangements.?And anonymity carries risks for whistleblowers too as our blog sets out.
All of which brings us to the imminent publication of our latest whistleblowing guide for employers on Confidentiality. Featuring insights from whistleblowing leads at blue-chip companies, whistleblowers and lawyers the guide addresses:?
We really hope this document will be a useful resource for anyone working in the whistleblowing sector – from those in HR, Compliance and Risk departments. Find out more here.?
Elizabeth Gardiner, Chief Executive.?
LexisNexis UK Legal Awards 2024
We are delighted to have been Highly Commended in the Sustainability category for our Environmental Whistleblowing?project at this month's LexisNexis Legal?Awards. It was such a great night and an impressive amount of incredible talent in the room.
Protect in the news
This month we featured in the?Financial Times.?After feeding into the Sexism in the City report we still see companies failing to protect their staff and MPs are now calling for a ban of NDAs in sexual harassment cases. Also, Andrew Pepper-Parsons, Head of Policy and Communications,?explains why the government must make it safer for civil servants to speak out in Civil Service World.?
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Common Root Causes for Whistleblowing in the Financial Sector
Kindly hosted by our friends at Covington & Burling LLP , our recent Breakfast Briefing brought together more than 50 people to discuss and reflect on the key issues surrounding whistleblowing in the financial sector. We were very lucky to have been joined by?David Berman, Partner Covington LLP, Johanna Liddle, Whistleblowing Team Manager at The FCA and our very own Legal Director, Sybille Raphael to discuss whistleblowing?as a key tool to improve and continue the integrity and success of the financial sector.
Environmental Whistleblowing March Knowledge Session
Our wonderful Legal Advisors presented the research from our 2023 Environmental Whistleblowing Toolkit, recently highly commended at the Lexis Nexis legal awards, at LSE alongside the Legal Voices for the Future network. Speakers included?Johannes Stefansson, Fishrot Scandal Whistleblower, Josephine Moulds, Investigative Journalist, The Bureau of Investigative Journalism & Bob Matheson, Associate Solicitor, Leigh Day.?It was an amazing opportunity to network with aspiring lawyers, as well as continue our campaign to protect the planet.
Join us for our face-to-face Whistleblowing Masterclass! You can expect to leave our session with a comprehensive understanding of how to implement an effective whistleblowing setup within your organisation. Build a culture of transparency, accountability, and trust today.
Side effects of speaking up as a social worker
Eleanor* was a social worker, whose work often brought her to her local hospital to support patients. Over time, she grew increasingly uneasy about the inadequate handling of patient safety, and decisions not being taken in the best interests of vulnerable people. She felt that a manager appeared to be discharging patients who weren’t ready to go home. Read now.
Whistleblowing: How to approach whistleblowing complaints
In part 2 of RPC's The Work Couch mini-series on whistleblowing,?Ellie Gelder?is joined by Protect's Legal Directer,?Sybille Raphael,?to explain how employers can approach whistleblowing complaints proactively and effectively. Listen now.
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11 个月Protect to be honest abiding by the law, "speaking up" inside companies about serious legal compliance matters. Or for that matter blowing the whistle, is a fatality. If I have to advise employees what to do if they see unsafe acts or legal non-compliance that could end up in a catastrophe... rather turn a blind eye. Nobody will protect you, not even the Government that enforces these laws. Here is the prove of it. Dear Citizen We acknowledge receipt of your correspondence addressed to the President.? Please be advised that the contents thereof have been noted. However, Presidential Hotline do not intervene in matters which are still subjects of Courts of Law, Public Protector, CCMA, Human Rights Commission and Labour Court. Your complaint doesn't fall under the mandate of Presidential Hotline; therefore, we are unable to assist you. ? Regards Presidential Hotline But if you don't adhere to laws then you will be prosecuted by the NPA Two ***** employees will face charges of culpable homicide in connection with a 2004 explosion at a ***** plant in ******, instead of two independent contractors as previously stated by the National Prosecuting Authority (NPA)1.?The explosion resulted in the death of ten people.