Category: legislation

“The enactment of the Public Interest Disclosure Act 1998 (“PIDA”) was designed to introduce important protection for those blowing the whistle to draw attention to wrongdoing discovered in the workplace. During the passage of the Bill in the House of Lords, Lord Nolan commended those behind it ‘for so skilfully achieving the essential but delicate balance in this measure between the public interest and the interests of employers’. Fifteen years on, the verdict is less effusive. Significant gaps had been identified in the legislation, for example in failing to impose vicarious liability on employers for acts of victimisation carried out by their employees or agents. In other respects, however, PIDA has come to be seen a blunt instrument, enabling disgruntled employees to seek unlimited compensation despite having done nothing to further the public interest.”

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11 KBW, 22nd May 2013

Source: www.11kbw.com

“Hardly a day goes by without whistleblowing being in the news. Just last month, two police officers were suspended in Cumbria for leaking information to the press about the expenses of an elected Police Commissioner. Last month, the Robert Francis Inquiry published its findings in to the high mortality rates at Mid Staffordshire NHS Trust, which found a culture of fear and silence throughout the organisation which discouraged staff from raising concerns about patient safety. According to research of the University of Greenwich, 80% of the public feel that whistleblowers should be protected. It seems like we are all agreed that we need more whistleblowers and that they should be protected. But why do we continue to hear about whistleblowers being victimised? As we have seen from the Cumbrian example, should police officers be suspended for raising concerns about the expenses of an elected official? When is whistleblowing in the public interest?”

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Halsbury’s Law Exchange, 13th May 2013

Source: www.halsburyslawexchange.co.uk