CIPD and whistleblowing

Not sure why CIPD need to comment on this.

They, as many others, fail to support this.

Financial mismanagement???

Health & Safety???

Can't think who.

Proposed legislation aimed at supporting whistleblowers will dissuade rather than encourage people to highlight serious wrongdoing, according to an leading expert.

Employment law professor David Lewis, from Middlesex University, is to tell the Whistleblowing Commission today that such a law will increase uncertainty amongst workers who have major concerns about practices in their workplace, such as health and safety issues or financial mismanagement.

A number of high profile whistleblowing cases have led the government to try and encourage employees to “blow the whistle” through provisions in the new Enterprise and Regulatory Reform Act. But the legislative changes only give statutory protection to whistleblowers who disclose information which is “in the public interest”.

However, workers will only learn whether they qualify for this protection after blowing the whistle and when a employment tribunal agrees that the test was satisfied, explained Professor Lewis.

“It will be very difficult to advise a worker in these circumstances and without firm assurances they may choose to remain silent about serious wrongdoing,” he said. “If this happens, the public interest test is clearly not in society’s interest. 

“This uncertainty is compounded by the fact that, as a result of other provisions, legal aid and advice is no longer available for employment matters and fees for taking a claim to an employment tribunal are being introduced later this year.” 

In his evidence submission to the commission – set up by whistleblowing charity Public Concern at Work – Lewis also suggested that all employers should be required by law to establish confidential reporting procedures that provide for the investigation of concerns and feedback to whistleblowers.

A public interest disclosure agency or national whistleblowing ombudsperson should be set up to assist actual and potential whistleblowers and to educate the public about the need to raise concerns about wrongdoing, he said, adding that there was a strong argument that whistleblowers should be rewarded, financially or otherwise, for exposing serious wrongdoing.