Whistleblowing legislation

The project objectives are to:

• examine the legal protection for whistleblowers prior to the introduction of the Public Interest Disclosure Act 1998 (PIDA)
• evaluate the development of the legislative provisions through judicial decisions
• analyse the implications of the amendments to whistleblowing protection effected by the Enterprise and Regulatory Reform Act 2013 (ERRA), namely the public interest and good faith requirements, protection from detriment by a co-worker and extension of the ‘worker’ category
• explore the difficulties inherent in evaluating the success of legislation which essentially aims to change attitudes in the workplace
• utilise quantitative and qualitative data regarding the workplace experience of whistleblowing and attitudes to whistleblowers.

Findings revealed the disparity between the party line and what actually happens in the workplace. The research explores the difficulties inherent in evaluating the success of legislation which essentially aims to change attitudes in the workplace.

Research suggests that PIDA has promoted greater transparency in the workplace in providing statutory protection for whistleblowers which prior to this was inadequate. The PIDA remains an essential tool in moving towards responsible governance in both private and public sector organisations and the amendments effected by the ERRA 2013 should help to ensure that the legislation remains fit for purpose. However, the PIDA’s achievements in effecting a tangible, sustainable cultural shift towards transparency in the UK workplace appear incremental at best. The research demonstrates the need for a transparent workplace culture with whistleblowing policies only being effective in conjunction with ongoing training and a belief by workers that raising concerns will be viewed positively by their organisation.

The impact of the changes to protection for whistleblowers introduced by the ERRA 2013 and whether those changes are in practice an improvement to the PIDA will need to be the subject of further research once a body of case law has been established.

Perhaps the more significant change will prove to be section 19 of the ERRA which gives the whistleblower an additional right of not being subjected to detriment by a colleague, as well as from the employer; a welcome step. Whether this results in a positive cultural shift where whistleblowing will be seen by peers as a positive contribution to the governance of the organisation will need to be assessed in time and may depend on whether workers receive meaningful rather than tick-box training. This topic necessitates ongoing research from a socio-political and economic perspective and that the legislative protection be subject to ongoing review to ensure its effectiveness.