© pcaw making whistleblowing work guy dehn director, pcaw, uk iprccbpf, brussels
TRANSCRIPT
© PCaW www.pcaw.co.uk
Making whistleblowing work
Guy Dehn
Director, PCaW, UK
IPRCCBPF, Brussels
© PCaW www.pcaw.co.uk
Why whistleblowing matters
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The human dilemma
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Whistleblowing:
some of the
key issues
Public Concern at Work
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Who do you want to blow the whistle? When?
What’s the main driver - regulation or good business?
How can you separate public concerns from private complaints?
What safeguards against abuse?
How do you judge success?
Starters
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Do you want your people to raise a concern
openly,
confidentially (so, if requested, the person’s identity is not freely disclosed), or
anonymously (the person does not identify himself)?
It’s your call…
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Do you want people to raise a concern…
with the alleged wrongdoer?
with their manager?
with senior management?
with the regulatory authorities?
Whom to tell?
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Whistleblowing &
Data Protection
Whistleblowing
http://www.pcaw.co.uk/policy_pub/data_protection.html
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How the UK
approach meets
US & EU rules and
helps sound business
The UK approach
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signals a change in the culture,
is not prescriptive, and
provides strong civil sanctions against reprisal.
The UK approach
UK’s Public Interest Disclosure Act 1998 (PIDA), praised by Lord Nolan for ‘so skilfully achieving the essential but delicate balance between the public interest and the interest of employers’
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This approach
promotes & protects public interest whistleblowing,
focuses on wrongdoing that threatens the public interest,
encourages open rather than anonymous whistleblowing, and
has a stepped disclosure regime that emphasises internal accountability, strengthens regulatory oversight and recognises public accountability
The UK approach
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The stepped disclosure regime
Public disclosureprotected
The actualdisclosure is reasonable
Regulatory disclosure protected
Valid cause to go wider
Internaldisclosureprotected
Substance to the concern
Genuinesuspicion
Internal disclosure
Regulatorydisclosure
Publicdisclosure
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As to purpose and effect, the UK approach
reassures workers there is a safe alternative to silence,
sees the whistleblower as a witness not a complainant,
encourages all half decent organisations to solicit and address concerns,
helps target regulatory activity better,
promotes the public interest, and
seems to work in practice.
Practical benefits
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Effective
whistleblowing
arrangements
Policy & Practice
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The purpose
The essence of whistleblowing arrangements are that staff should be able to
a) by-pass the direct management line, because that may well be the area about which their concerns arise, and
b) go outside the organisation if they feel the overall management is engaged in an improper course.
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Key issues
leadership
policy is written to give assurance to the ‘silent majority’
default is that staff should raise concerns openly
distinguish whistleblowing concerns from grievances & bullying
provide internal and external disclosure options
promotion
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Whistleblowing Best Practice:
Whistleblowing
www.pcaw.co.uk/services/Best_Practice.htm
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Whistleblowing - a. Bringing an activity to a sharp conclusion as if by the blast of a whistle (OED) b. Raising concerns about misconduct within an organisation or within an independent structure associated with it (Nolan Committee) c. Giving information (usually to the authorities) about illegal or underhand practices (Chambers) d. Exposing to the press a malpractice or cover-up in a business or government office (US, Brewers) e. Providing a safe alternative to silence (Public Concern at Work) f. (origins) Police constable summoning public help to apprehend a criminal; signal to stop work in the industrial age; referee stopping play after a foul in football.
Whistleblowing