Whistle Blowing

By Sadiq Vohra

History is littered with whistle-blowers – good and bad. Judas was vilified after blowing the whistle on Jesus for 30 pieces of silver - he never recovered his reputation and his name has been synonymous with deceit ever since. But usually whistle blowers become unlikely heroes - they take a stand to right a wrong and protect themselves and colleagues from harm.

Sometimes their David and Goliath battles with governments and corporate giants are so epic they are immortalised in Hollywood legend. Whistle blowing is still high risk but ‘doing the right thing’ remains the ultimate reward. Here, MWR employment lawyer Sadiq Vohra explains why bosses shouldn’t shoot the messenger.

If cases of whistle blowing are handled correctly they can actually improve a company’s working practices. Increasingly organisations – particularly councils and other government bodies – are setting up their own whistle blowing procedures, sometimes even telephone hotlines.

This benefits everyone. Employees can report a problem to a third party, anonymously if they wish and, if that is the first stage of disclosure, employers cannot be accused of not listening.

Sometimes it takes a dramatic event to prompt such action by the authorities. For example, the NHS has introduced new laws to offer greater protection to whistle blowers in the wake of the case of killer GP Harold Shipman.

A recent survey by the Equal Opportunities Commission of successful employment tribunal applicants found that 50 per cent of workers had not made formal complaints because:

  • They thought they’d weather the storm to save their careers;
  • they felt there was no-one to tell;
  • they were embarrassed;
  • they feared they would not be believed.



The Public Interest Disclosure Act 1998 (PIDA) – which became law in 1998 - protects workers who blow the whistle on wrongdoing. It comes into play where a worker has a reasonable belief that their disclosure tends to show one or more of the following:

  • a criminal offence;
  • the breach of a legal obligation;
  • a miscarriage of justice;
  • a danger to the health and safety of any individual;
  • damage to the environment;
  • deliberate covering-up of information tending to show any of the above.



PIDA covers internal disclosures to employers, disclosures made to third parties such as union representatives and wider disclosures to the police, press or MPs for example.

To be covered by the legislation a whistleblower MUST satisfy certain conditions:

  • disclosure to the employer will be protected if it is made in good faith;
  • disclosure to a regulator (for example the Health and Safety Executive, Environment Agency) will be protected where, in addition, the whistleblower honestly and reasonably believes the information and any allegation in it are substantially true;
  • disclosure to other bodies is protected if, in addition to the tests for regulatory disclosure, it is reasonable in all circumstances and is not made for personal gain.



Employers have a responsibility for the health and safety of their workers.
Ultimately, if employees feel their concerns are being ignored, the law affords them considerable protection to ‘blow the whistle’.

SOME WORDS OF WARNING FOR WHISTLEBLOWERS:

DO:

  • keep calm;
  • think about the risks and outcomes before you act;
  • remember you are a witness, not a complainant.



DON’T:

  • forget there may be an innocent or good explanation;
  • become a private detective;
  • use a whistleblowing procedure to pursue a personal grievance;
  • expect thanks.



FAMOUS WHISTLE-BLOWERS

Dr Stephen Bolsin: consultant anaesthetist at the Bristol Royal Infirmary exposed colleagues’ misconduct after deaths of babies during open heart surgery.

Sherron Watkins: former vice-president of corporate development at US energy company Enron. Exposed an accounting scam where Enron had used off-the-book partnerships to hide losses and inflated profits by $600 million.

Coleen Rowley: accused the FBI of a cover-up after a warrant she requested to seize the computer of a suspected Islamic extremist was refused. The man had joined an American flight school to learn how to fly a jet but not take off and land. Zacarias Moussaoui was later charged as a conspirator in the September 11 terrorist attacks.

David Shayler: former MI5 officer who blew the whistle after becoming disillusioned with the secret service.

CONTACT
Sadiq Vohra at MWR Solicitors on 0800 731 0717 or at sadiq.vohra@mwrlaw.com.