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"WHISTLEBLOWING" INVESTIGATIONS |
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This page last updated on 1 April 2007
What sort of situations can arise?
There is no upper limit on the compensation that can be awarded to an employee who suffers such a detriment, and the highest award to date has been over £800,000. Statistics also show that most 'whistleblowers' are women, which means that claims for unlawful sex discrimination might be run in tandem with a PIDA claim.
Thankfully, there are some limits on the right to blow the whistle: the employee must act in good faith, and have a reasonable belief that the assertion s/he makes is true. PIDA also encourages employees to raise the issue first with their employers, and I would advise every employer to have a written whistleblowing policy that makes this clear.
How could I help your organisation?
The better route is fully and promptly to investigate the disclosure made by the member of staff, no matter how strongly you feel that s/he is wrong, has gone the wrong way about raising the issue or is motivated by some personal grievance or seeks to make personal gain. Emotions often run high on both sides. Sometimes it is best to bring in an outsider to carry out the investigation. My legal training and practical experience will add credibility as well as expertise to the investigation.
A PIDA issue arises in your organisation. What do you do next?
The Public Interest Disclosure Act 1998 (known as 'PIDA') introduced (via the Employment Rights Act 1998) a new right for employees not to suffer any detriment in their employment if they 'blow the whistle' to a relevant agency (which can, in some instances, include the media) about an issue of public concern. This might relate to a criminal offence, a matter of health and safety or environmental damage, attempts to cover up serious problems, and even failure to comply with any legal obligation. These are very wide definitions.
Whether you regard PIDA as 'a charter for troublemakers' or a useful 'early warning system', the potential damage to the organisation's finances and reputation are significant if disclosures are not handled properly. I have specific experience of PIDA disclosures and claims. There is never a good moment for someone to raise a PIDA issue within an organisation, and it is probably also true that many genuine whistleblowers are people of principle and a bit awkward to deal with. It is all too easy for managers to put pressure on such a person and / or to find some disciplinary issue to pursue against him or her. Such strategies tend only to make the situation worse and increase the organisation's liability.
Please telephone me on 0117 962 2356 or e-mail me with relevant details.