Growing Whistleblowing?

Posted 05/02/2014

Jeremy Hunt, Secretary of State for Health, credits whistleblowers with driving forward cultural change in the NHS so its users experience “compassionate care” as opposed to attaining meaningless “tick box” targets. In an article in The Telegraph marking the first anniversary of the Francis report into Mid Staffs, he states that over 1,000 whistleblowers each month are reporting poor care within the NHS.

What is missing from the headlines is the substantial change to whistleblowing protections which took place last year. Where the Government introduced a “public interest” test, meaning workers will have to show that they reasonably believe that the disclosure they are making is truly in the “public interest”. This has added a significant layer of complexity to bringing and defending whistleblowing claims – you may remember the months of evidence heard at the Leveson enquiry as to what is regarded as “in the public interest” as opposed to “of interest to the public”.

Add to this that certain commentators have observed that employment protection rights have become nominal only because, since the introduction of Employment Tribunal fees last year, the level of claims has fallen more rapidly than anyone can remember in the Tribunal system’s history. Readers could be forgiven for speculating that potential whistleblowers, in similar circumstances to those at Mid Staffs, may be tempted to leave the skeletons locked firmly in the closet.