Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Whistle-blowing rules can protect firms from action

by Personnel Today 5 Jun 2001
by Personnel Today 5 Jun 2001

Companies
can avoid a blaze of negative publicity if they address employees’ concerns
internally, By Professor David Lewis

Early
next month, the Public Interest Disclosure Act 1998 will have been in force for
two years. Although this legislation does not give a legal right to blow the
whistle, it means staff who make a "protected disclosure" can
complain to an employment tribunal if they are dismissed for doing so.

The
legislation introduced a new section into the Employment Rights Act 1996, and
although employers are not forced to have a whistleblowing procedure, it sets
out clear benefits to those who have them.

According
to charity Public Concern at Work, unless there are effective procedures in
place that demonstrate your organisation’s willingness to listen and address
concerns, employees are more likely to take their concerns outside – and to be
protected by the Act in doing so.

Employers
with good whistleblowing policies and procedures are less likely to be exposed
to claims under the Act.

So
how have employers and trade unions responded?

A
survey last year of 600 colleges and universities in England and Wales,
conducted by researchers at Middlesex University, revealed that 91 per cent of
respondents have a whistleblowing procedure.

An
earlier survey of 57 private and 57 public-sector organisations carried out by
Industrial Relations Services and Public Concern at Work found that 46
organisations have, and 44 intended to introduce soon, a whistleblowing policy.

Public-sector
employers were more likely than those in the private sector to have a policy or
have plans – 95 per cent compared with 63 per cent in the private sector.

Reflecting
the fact that trade unions are more likely to be recognised by public-sector
than private-sector employers, 34 public-sector employers in the IRS/PCW survey
involved a trade union representative in formulating a whistleblowing policy,
compared with eight private-sector organisations.

In
the Middlesex University survey, 78 per cent of respondents indicated that a
trade union was consulted about the introduction of a whistleblowing procedure.

The
employment tribunal case of Antonio Fernandes, who was awarded £293,441
compensation, illustrates the potential impact of the legislation.

Fernandes,
a chief financial officer, had suspicions about expenses claims, and was
dismissed after sending a letter and supporting documents to members of the
management board.

Fernandes
obtained interim relief and an order for continuation of his contract pending a
tribunal hearing.

The
tribunal found him to have been unfairly dismissed for making a protected
disclosure and was of the view that the 58-year-old would not secure similar
work in the future. He was therefore entitled to be compensated for losses up
to retirement age.

But,
so far, there have been no reported decisions of the Employment Appeal
Tribunal. One reason for the dearth of reported cases may be that employers are
reluctant to go to a hearing where allegations of wrongdoing may be publicly
aired.

In
my view, it is also likely that both employers and workers are ignorant of the
legislation.

One
way of dealing with this would be for Parliament to fund a Public Interest
Disclosure Agency. Such a body is needed to educate people about the legitimacy
of reporting concerns in a democratic society and to ensure that advisory and
counselling services are available.

David
Lewis is professor of employment law at Middlesex University. He will be
speaking at a one-day conference on the whistleblowing legislation on 3 July in
London. For more information contact IRS, tel: 020-7420 3500, e-mail: [email protected]

Avatar
Personnel Today

previous post
Sainsbury’s U-turn on dressing down days
next post
Pru revamps to give HR a more strategic role

You may also like

The Search for Talent: Six Major Employer Pitfalls

24 May 2022

Grants scheme set up to support women’s health...

16 May 2022

How music can help to ease anxiety at...

9 May 2022

OH will be key to navigating ‘second pandemic’...

14 Apr 2022

OH urged to be aware of abortion consultations...

8 Apr 2022

How coached eCBT is returning the workplace to...

8 Apr 2022

Why now is the time to plug the...

7 Apr 2022

Two-thirds of shift workers feel health affected by...

18 Mar 2022

TUC warns of April Covid risk assessment ‘confusion’

14 Mar 2022

Consultation on new NHS cancer standards, as waits...

11 Mar 2022
  • Strathclyde Business School expands its Degree Apprenticeship offer in England PROMOTED | The University of Strathclyde is expanding its programmes...Read more
  • The Search for Talent: Six Major Employer Pitfalls PROMOTED | The Great Resignation continues unabated...Read more
  • Navigating the widening “Skills Confidence Gap” in 2022, and beyond PROMOTED | Cornerstone OnDemand conducted a global study...Read more
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+