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The PIDA 12 years on: culture of secrecy preserved?

The PIDA 12 years on: culture of secrecy preserved?. Catherine Hobby, School of Law, University of East London. Nolan ‘Second Report of the Committee on Standards in Public Life’, 1996. All organisations ‘face the risk of things going wrong or unknowingly harbouring malpractice’.

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The PIDA 12 years on: culture of secrecy preserved?

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  1. The PIDA 12 years on: culture of secrecy preserved? Catherine Hobby, School of Law, University of East London

  2. Nolan ‘Second Report of the Committee on Standards in Public Life’, 1996. All organisations ‘face the risk of things going wrong or unknowingly harbouring malpractice’

  3. ALM Medical Services v Bladon, Mummery LJ ‘The provisions strike an intricate balance between: (a) promoting the public interest in the detection, exposure and elimination of misconduct, malpractice and potential danger by those likely to have early knowledge of them, and (b) protecting the respective interests of employees and employers.’

  4. Mid-Staffordshire Inquiry 2010 Found: an ‘atmosphere of fear of adverse repercussions’

  5. Limits of PIDA • Requirement of ‘Good Faith’ • Need to show ‘Reasonable Belief’ • Complex Provisions • Accessibility • No Right to Report • Voluntary whistleblowing procedures

  6. Darnton v University of Surrey, Judge D Serota QC ‘it is essential to keep the words of the statute firmly in mind’

  7. Lord Bingham in R v Shayler “Modern democratic government means government of the people by the people for the people. But there can be no government by the people if they are ignorant of the issues to be resolved, the arguments for and against different solutions and the facts underlying those arguments”

  8. Role of Trade Unions • Assist in establishing a culture of openness • Watchdogs • Support for members who raise concerns • Representation of whistleblowers • BUT victimisation of officials who are recipients of concerns

  9. Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2010 Employment Tribunals do not make any assessment or take any action on the issue of the underlying PIDA allegation • Copies of ET1 or extracts from it to be sent to prescribed person but • Express consent of claimant required

  10. Definition of Whistleblowing The deliberate non-obligatory disclosure of public interest information by a worker, whether internally or externally, by voicing concerns or making an allegation of serious malpractice or wrongdoing.

  11. Reform of PIDA • Removal of the requirement of good faith • Word ‘Report’ to be substituted for term ‘disclosure’ • Reasonable belief to be replaced with reasonable suspicion • Outlaw discrimination in hiring • Right to raise a concern

  12. Statistics • 1,900 PIDA Claims in 2009 & over 9,000 Claims in 11 years of the Act’s operation • BUT • only 23% of respondents knew that there was law that protects whistleblowers (2009 YouGov survey)

  13. British Standards Institute One in four employees is aware of misconduct in the workplace. 52% keep silent

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