Against a backdrop of recent revelations and some of the worst scandals to arise in the UK, a Public Accounts Committee Report issued today is highly critical of the treatment of whistleblowers and a perceived failure by Government to introduce effective law.
The Report concludes that, in very many cases, employees do not know to whom they should report wrongdoing or malpractice in the workplace or, if they do so, that they are likely to face bullying and victimisation. The Report also finds considerable disconnect between whistleblowing policies in the workplace, which suggest a supportive approach, and how employers operate in practice Audrey Williams, Partner and Head of Discrimination at law firm Eversheds comments:“We are given to understand that improved guidance will also follow. The Government has committed to work with appropriate bodies to develop new guidance, principally to dispel misunderstandings. In fact, the process of encouraging a change in attitudes and behaviours has already begun through changes last year which, for many employers, will have sneaked under the radar : such as the introduction of employer liability for harassment or detrimental treatment by colleagues and personal liability placed on individuals.
“A future addition to the whistleblowing armoury, likely to be in force next year, is a new obligation upon regulators to report whistleblowing allegations. The legislation provides that whistleblowing claims can only be raised outside of the organisation to certain “Prescribed Persons”, such as Commissioners of HM Revenue & Customs, the Food Standards Agency and the Office of Fair Trading. The Government believes they have an important role and should be encouraged to be more pro-active. As a result, it will soon be a legal requirement for Prescribed Persons to report annually upon whistle-blowing allegations received. This will reduce further employer ability to suppress misdemeanours, or worse, criminal activity.”