Source · Select Committees · Treasury Committee
Recommendation 28
28
Deferred
Paragraph: 160
Strengthen whistleblowing legislation to protect and support sexual harassment whistleblowers
Conclusion
We have heard that whistleblowing processes within financial services firms are often ineffective at tackling bad behaviour or protecting those who report harassment. The Government is undertaking a review of whistleblowing laws, and we strongly recommend that the Government seeks to strengthen whistleblowing legislation to provide greater protection and support to whistleblowers in sexual harassment cases.
Government Response Summary
The government recognises the value of whistleblowers and notes existing legal protections under PIDA, stating they are currently reviewing the whistleblowing framework to inform future policy choices for its development and improvement.
Paragraph Reference:
160
Government Response
Deferred
HM Government
Deferred
The Government recognises how valuable it is that whistleblowers are prepared to shine a light on wrongdoing and believes that they should be able to do so without fear of recriminations. The Employment Rights Act 1996, amended by the Public Interest Disclosure Act 1998 (PIDA), gives legal protection to those who speak up in the public interest. Types of wrongdoing include criminal offences, the endangerment of health and safety, causing damage to the environment, a miscarriage of justice, or a breach of any legal obligation. The legislation is intended to build openness and trust in workplaces by ensuring that workers who hold their employers to account are treated fairly. In many cases, employers respond appropriately when concerns are raised by their employees. Where they do not, the legislation provides a remedy for claimants who suffer detrimental treatment by their employer after ‘blowing the whistle’. Workers who believe that they have been dismissed or otherwise detrimentally treated for making a protected disclosure may be able to complain to an Employment Tribunal who can award unlimited compensation. The Government has continued to make improvements to the whistleblowing framework to make it more robust and increase support for whistleblowers. For example, in 2017, the Government introduced a new requirement on prescribed persons to report on the whistleblowing disclosures received. As the Committee notes, the Government is currently reviewing the whistleblowing framework. The aims of this review are to examine the effectiveness of the whistleblowing framework in meeting its original objectives which are, to facilitate whistleblowing, protect whistleblowers against detriment and dismissal; and to facilitate wider cultural change around whistleblowing. The review will provide an up-to-date evidence base to inform government about policy choices to develop and improve the whistleblowing framework. The full Terms of Reference are publicly available at: https://www.gov.uk/government/ publications/review-of-the-whistleblowing-framework/review-of-the-whistleblowing- framework-terms-of-reference.