Whistleblowers: should they get more protection?

The process could be simplified.

With the current emphasis on corporate governance and paying your fair share of tax, whistleblowing is centre stage - isn’t it time the government revisited our laws in this controversial area?

With major scandals affecting our MP’s, financial institutions, the media and the police it is little wonder that by the end of 2012 corporate governance was the new “black” in the business world and looks set stay. The emphasis upon appropriate corporate controls and culture has been reinforced by the highly publicised tax offensive targeting the former no man’s land of offshore companies and bank accounts.

The overriding theme is clear - times are difficult, mistakes have been made and businesses and individuals have a duty to do the right thing.

Unfortunately, there is not a lot of money available to help promote this cultural shift and so 2012 also saw publication of the government’s plans for the introduction of deferred prosecution agreements – the newest weapon in the cash strapped armoury of the Serious Fraud Office (SFO) – where, if the case is suitable, entities self reporting on fraud can hope to do a deal. It is no coincidence that this has been put in place with an anticipated 2013 focus from the SFO and its new director on enforcing the provisions of the Bribery Act.

One has only to look carefully at the UK government’s guidance on whistleblowing to see where the problems lie

The SFO’s confidential reporting hotline is also doing brisk business and the soon to be reconfigured FSA has had a whistleblowing hotline for many years. So-called “bounty payments” by HMRC have also been in the press where informants have received discretionary payments for information that has led to additional tax recoveries.

In this climate the role of the whistleblower has never been more prominent and yet UK legislation does little to recognise the increased importance of this role. Any auditor will tell you that two of the most effective weapons a business can deploy against fraud are the establishment of a zero tolerance culture backed up by a fraud reporting hotline available to employees, customers, suppliers and anyone else who has dealings with the company.

In the UK whistleblowing legislation is set out within the Public Interest Disclosure Act 1998 although this will be amended by Vince Cable’s Enterprise and Regulatory Reform Bill which is expected to become law later this year and will remove a loophole where concerns about a personal employment contract could be raised.

Unfortunately, it is proposed the whistleblower will now also have to decide what is in the public interest.

In an environment where government, regulators and prosecutors are seeking to both reinforce and enhance controls within the business and wider community a more fundamental review of whistleblowing legislation in the UK is long overdue.

One has only to look carefully at the UK government’s guidance on whistleblowing to see where the problems lie. Potential whistleblowers are invited to check their employment contract or HR department to ascertain if their company has a whistleblowing procedure.

If I were an employee I would already be worried – the process seems likely to become legal and HR departments are not renowned for supporting the employee in a matter involving the behaviour of management. What do I do if I’m not an employee but a third party or a sub- contractor and if I am an employee what do I do if there is no whistleblowing policy? Government guidance fails to clearly address these points and the law itself is unclear.

The rest of this article appears on economia.

whistleblowing is centre stage. Photograph: Getty Images

Paul Smethurst is a partner in the forensic and investigation practice at accountancy firm, Carter Backer Winter LLP

Photo: Getty
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Donald Trump tweets he is “saddened” – but not about the earthquake in Mexico

Barack Obama and Jeremy Corbyn sent messages of sympathy to Mexico. 

A devastating earthquake in Mexico has killed at least 217 people, with rescue efforts still going on. School children are among the dead.

Around the world, politicians have been quick to offer their sympathy, not least Labour leader Jeremy Corbyn, whose wife hails from Mexico. He tweeted: "My thoughts are with all those affected by today's earthquake in Mexico. Pensando en todos los afectados por el terremoto en México hoy" in the early hours of the morning, UK time.

Barack Obama may no longer be an elected politician, but he too offered a heartfelt message to those suffering, and like Corbyn, he wrote some of it in Spanish. "Thinking about our neighbors in Mexico and all our Mexican-American friends tonight. Cuidense mucho y un fuerte abrazo para todos," he tweeted. 

But what about the man now installed in the White House, Donald Trump? The Wall Builder-in-Chief was not idle on Tuesday night - in fact, he shared a message to the world via Twitter an hour after Obama. He too was "saddened" by what he had heard on Tuesday evening, news that he dubbed "the worst ever".

Yes, that's right. The Emmys viewing figures.

"I was saddened to see how bad the ratings were on the Emmys last night - the worst ever," he tweeted. "Smartest people of them all are the "DEPLORABLES."

No doubt Mexican president Enrique Peña Nieto will get round to offering the United States his commiserations soon. 

I'm a mole, innit.