Description of the legal term Whistleblower:
A whistleblower can be defined as an individual who exposes information or activity within a private, public, or government organization that is deemed illegal, unethical, or not correct. The term is closely associated with someone “blowing the whistle” to call attention to wrongdoing. In the UK, the legal protections for such individuals are primarily provided by the Public Interest Disclosure Act 1998 (PIDA), which is a key piece of legislation designed to protect employees from adverse treatment or victimization from employers as a result of disclosing information.
The PIDA applies to workers in most employment sectors, including government bodies, private companies, and non-profit organizations. A disclosure qualifies for protection when an individual honestly and reasonably believes that one of several types of malpractice has occurred, is occurring, or is likely to occur. The malpractices include criminal offences, breach of any legal obligation, miscarriages of justice, danger to the health and safety of any individual, damage to the environment, and the deliberate concealing of information about any of the above.
Under PIDA, protected disclosures must be made in an appropriate way. This usually means raising the concern internally first, using the employer’s own whistleblowing procedures if available. If the whistleblower reasonably believes that the disclosure is substantially true and isn’t made for personal gain, they can also make the disclosure to a prescribed person or body (such as a regulator). In some circumstances, where a disclosure is exceptionally serious, the whistleblower is also protected if they make a wider disclosure, for example to the media, but this is subject to narrow conditions and is rarely advised as an initial step.
The law aims to encourage people to speak out if they find malpractice in an organization by providing a framework of legal protection against dismissal or detrimental treatment. If an individual feels that they’ve been treated unfairly after making a protected disclosure, they may bring a claim to an employment tribunal. An important aspect of this legislation is that it also covers former employees, reflecting the significance and often long-term impact of whistleblowing in the workplace.
Legal context in which the term Whistleblower may be used:
One notable example of whistleblowing in the UK was the case of Dr. Raj Mattu, a cardiologist who publicly exposed overcrowding and patient safety concerns at Walsgrave Hospital in Coventry. After disclosing that patients had died due to being housed in overcrowded bays, Dr. Mattu faced a long and difficult battle with the NHS Trust, including suspension and a protracted legal case. Eventually, in 2016, after 15 years, he was vindicated, and the Trust acknowledged that his concerns were genuinely held and that he was correct to raise them. This case highlights the complex nature of whistleblowing, the considerable personal cost it can exact on the individual, and the need for robust legal protections.
Another instance where whistleblowing was pivotal involves the case of the Cambridge Analytica scandal. Christopher Wylie, a Canadian data consultant, brought to light how Cambridge Analytica had harvested personal data from Facebook without permission, which was subsequently used to influence voters in political campaigns like the US Presidential election and Brexit referendum. While this case involved whistleblowing on a highly complex and international scale, it underscores the significance of such disclosures in the context of data protection and digital privacy, key areas that continue to gain prominence within the British legal framework and public consciousness.
The role of a whistleblower within British jurisprudence cannot be overstated; it underpins the accountability mechanisms in private and public sectors and serves as a check to power and malpractice. The legislative framework surrounding whistleblowing is designed to support and protect those who have the courage to stand up for what is right, ultimately contributing to a fairer and more transparent society.
