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Whistleblowers to be protected from harassment from co-workers Whistleblowers to be protected from harassment from co-workers
(7 months later)
Whistleblowers are to be protected from harassment and bullying from co-workers after criticism that current legislation fails to protect those who speak out.Whistleblowers are to be protected from harassment and bullying from co-workers after criticism that current legislation fails to protect those who speak out.
The move is in a proposed amendment to existing legislation, but has been criticised as insufficient by some campaigners who want the Public Interest Disclosure Act (Pida) to be scrapped and rewritten.The move is in a proposed amendment to existing legislation, but has been criticised as insufficient by some campaigners who want the Public Interest Disclosure Act (Pida) to be scrapped and rewritten.
The proposed amendment to the enterprise and regulatory reform bill will mean that individuals who blow the whistle against their employer will have protection from victimisation from their co-workers. The current law only offers workers protection from harassment or bullying by their employer.The proposed amendment to the enterprise and regulatory reform bill will mean that individuals who blow the whistle against their employer will have protection from victimisation from their co-workers. The current law only offers workers protection from harassment or bullying by their employer.
This protection, known as vicarious liability, mirrors existing provisions in equality legislation that treat detrimental acts of one co-worker towards another as the employer's responsibilty.This protection, known as vicarious liability, mirrors existing provisions in equality legislation that treat detrimental acts of one co-worker towards another as the employer's responsibilty.
"The protection offered by whistleblowing legislation is strong but there are always ways to improve it," said employment relations minister Jo Swinson."The protection offered by whistleblowing legislation is strong but there are always ways to improve it," said employment relations minister Jo Swinson.
"This amendment takes into account recent events and will place whistleblowers, who are making a difficult decision, in a better position. They will now have a specific employment protection in place and be able to have the full force of a tribunal behind them if they suffer any detriment, bullying or harassment from a co-worker," she said. "The change will not impact on good employers who see it as their responsibility to make sure their staff have a good working environment.""This amendment takes into account recent events and will place whistleblowers, who are making a difficult decision, in a better position. They will now have a specific employment protection in place and be able to have the full force of a tribunal behind them if they suffer any detriment, bullying or harassment from a co-worker," she said. "The change will not impact on good employers who see it as their responsibility to make sure their staff have a good working environment."
But Eileen Chubb, who brought the first case under Pida and has given evidence to Dame Janet Smith's review of the Savile inquiry, said that "amending and patching up" Pida was not enough.But Eileen Chubb, who brought the first case under Pida and has given evidence to Dame Janet Smith's review of the Savile inquiry, said that "amending and patching up" Pida was not enough.
"Whistleblowers will have to go to court to uphold this new clause, which means people who have absolutely nothing have to pay a deposit of up to £5,000 before being able to access this new law," said Chubb, who lost her job as a carer in Bromley after whistleblowing about the treatment of elderly residents, and now says she has been blacklisted by every care home in the area and works as a cleaner to make ends meet."Whistleblowers will have to go to court to uphold this new clause, which means people who have absolutely nothing have to pay a deposit of up to £5,000 before being able to access this new law," said Chubb, who lost her job as a carer in Bromley after whistleblowing about the treatment of elderly residents, and now says she has been blacklisted by every care home in the area and works as a cleaner to make ends meet.
"It also doesn't address one of the central problems of Pida, which is that whistleblowing cases don't belong in front of an employment tribunal," she added. "Employment tribunals are not qualified to hear these cases, which are often very complex and highly specialised."It also doesn't address one of the central problems of Pida, which is that whistleblowing cases don't belong in front of an employment tribunal," she added. "Employment tribunals are not qualified to hear these cases, which are often very complex and highly specialised.
"The tribunals come to wrong decisions against whistleblowers time and time again, leaving them devastated, unemployable and financially destroyed. Just as importantly, tribunals come to decisions that gag whistleblowers and mean the disclosures are never made known to the public," she added."The tribunals come to wrong decisions against whistleblowers time and time again, leaving them devastated, unemployable and financially destroyed. Just as importantly, tribunals come to decisions that gag whistleblowers and mean the disclosures are never made known to the public," she added.
Last week, the Guardian reported on a private letter sent by Swinson to MPs and peers campaigning for Pida to be changed. The letter promised a series of amendments to the legislation, followed by "a call for evidence" by the government.Last week, the Guardian reported on a private letter sent by Swinson to MPs and peers campaigning for Pida to be changed. The letter promised a series of amendments to the legislation, followed by "a call for evidence" by the government.
The legislation came under scrutiny as David Bowles, the former chairman of United Lincolnshire Hospitals Trust (ULHT), claimed that the head of the NHS ignored written warnings about failings in a hospital trust being investigated for persistently high death rates.The legislation came under scrutiny as David Bowles, the former chairman of United Lincolnshire Hospitals Trust (ULHT), claimed that the head of the NHS ignored written warnings about failings in a hospital trust being investigated for persistently high death rates.
Bowles was the second whistleblower in a week to hit the headlines after Gary Walker, former chief executive of ULHT, claimed he was gagged, threatened and prevented from raising patient safety concerns.Bowles was the second whistleblower in a week to hit the headlines after Gary Walker, former chief executive of ULHT, claimed he was gagged, threatened and prevented from raising patient safety concerns.
The revelations led to Jeremy Hunt, the health secretary, warning senior NHS executives that there would be consequences if they had wrongly gagged Walker for speaking out about patient safety.The revelations led to Jeremy Hunt, the health secretary, warning senior NHS executives that there would be consequences if they had wrongly gagged Walker for speaking out about patient safety.
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