1. National Health Service
Manager Workshop
National Health Service

2. Overview What is whistleblowing?
Explore the law relating to whistleblowing
The Whistleblowing process
Employer and Employee Duties
Know how to handle whistleblowing cases
Know where to go for help and support
Overview
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

3. Whistleblowing Definition of whistleblowing:
The act of reporting a concern about a risk, danger or wrongdoing in an organisation
Often called ‘blowing the whistle’ or formally known as ‘making a disclosure in the public interest’
Whistleblowing
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

4. Whistleblowing legislation arose out of a spate of scandals and disasters in the 1980s and early 1990s.
Inquiries found that workers had been aware of the danger but too scared to raise the alarm or had done so in the wrong way.
High profile examples included:
Clapham Rail disaster – an inspector didn’t want to ‘rock the boat’
Zeebrugge Ferry tragedy – staff concerns ignored by management
Collapse of Barings Bank – an inquiry found nobody ‘dared to speak up’
Background
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

5. There have been a number of high profile cases much more recently, including:
Harold Shipman murders
Mid Staffordshire NHS Foundation Trust
Media Cases
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

6. Whistleblowing Do you have a whistleblowing policy?
Do you know where to find it?
What do you think it might feel like to be a whistleblower?
Why is it hard to raise a concern?
Whistleblowing
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

7. Protection What type of information will qualify for protection?
A criminal offence
The breach of a legal obligation
A miscarriage of justice
A danger to the health and safety of any individual
Damage to the environment
Deliberate attempt to conceal any of the above
Protection
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

8. To gain protection a worker who makes a disclosure must believe two things:
That they are acting in the public interest (2013)
That they reasonably believe the disclosure tends to show past, present or likely future wrongdoing. The information being disclosed must be of the right type- ‘qualifying disclosure
The concern must also be raised in the correct way
Raising a Concern
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

9. Grievance vs Disclosure
Grievance Tends to be a issue about employment rights. The person wishes to complain about their treatment. They have a personal interest in ensuring the issue is addressed.
Protected Disclosure Tends to be about malpractice or serious wrongdoing such as dangerous or criminal activity which affect others. vs
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

10. Protection What type of information will qualify for protection?
A criminal offence
The breach of a legal obligation
A miscarriage of justice
A danger to the health and safety of any individual
Damage to the environment
Deliberate attempt to conceal any of the above
Protection
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

11. Types of Concern Physical or emotional abuse Bullying
Theft, fraud or bribery
Abuse of power, position or authority
Failure to treat people with dignity
Financial mismanagement
Worker must disclose facts – not just opinions
Types of Concern
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

12. Keep a note of raising your concerns, perhaps by an afterwards stating you are raising concerns in line with PIDA. Keep a record of dates of meetings and what was discussed
If you do not get a satisfactory response, escalate your concern
If nothing is being done internally, you can go to the regulator – you should believe your information is substantially true (suspicion is not enough)
Take advice if you consider wider disclosures such as the police or the media
The Right Way
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

13. Who is Protected? Employees Agency workers
People that are training with an employer, but not employed
From 6 April 2015 the list was extended to include:
Student nurses
Student midwives
Who is Protected?
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

14. Often issues can be raised in confidence but may be made public (eg during legal, disciplinary or police investigations). Organisations should make every effort to keep identity a secret.
Organisations should be clear about their position on anonymous reporting. This can also be difficult to investigate.
Whistleblowers should be careful with confidential patient information if reporting outside their team or organisation and should not breach their professional code of practice.
Confidentiality
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

15. Bullying & Harassment Bullying and Harassment
Employers can also be liable for the acts of co-workers who victimise or harass whistleblowers (unless the employer can prove they have taken reasonable steps to prevent this)
Discrimination
March The Secretary of State (NHS) will have the power to make regulations prohibiting discrimination against a job applicant by a prescribed NHS employer because it appears to the NHS employer that the applicant has a made a protected disclosure.
Bullying & Harassment
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

16. PIDA does not obligate employees to raise concerns, however health and social care professionals will have a duty under their professional body
NHS Constitution (Section 4b: Staff – your responsibilities)
Employee Terms and Conditions of Service (Section 21)
The Statutory Duty of Candour –The Government has introduced an explicit Duty of Candour as a CQC registration requirement – placed on organisations. No candour-related offences on individuals-strengthened codes
Safeguarding Policies
Employee Duties
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

17. Employers Duties Employers duty to investigate and feedback
Whilst there is no legal duty to investigate it is generally accepted that employers should have a whistleblowing policy and part of this policy should include the duty to investigate and feedback to the person who has raised the concern.  
Terms and Conditions of Service (Section 21: NHS organisations must have local policies)
The NHS Constitution (Section 4a: Staff – your rights and NHS pledges to you)
The Statutory Duty of Candour – notification and further investigation where required
Employers Duties
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

18. Listen carefully and respect the worker’ s belief- managers must keep an open mind… it doesn’t mean they are bad managers if they weren’t aware of the issue
Respond and reassure
Respect confidentiality –but explain limitations
Offer support (TU’s occ health)
Assess the facts
Decide the way forward
A Manager’s Role
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

19. A Manager’s Role Follow the whistleblowing policy
Maintain good communication with the worker
Act fairly
Seek advice and support
Keep clear records
Follow up action
Ensure there is a positive outcome
A Manager’s Role
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

20. Advice & Support
Telephone and advice, signposting, support and guidance for the Health and Social Care Sector.
Website – tools, documents, guidance, updates:
Raising Awareness – networking, campaigns, events
Other useful links:
Trade Unions
ACAS – employment advice
PCaW – charity
Professional Bodies e.g. Nursing & Midwifery Council
Regulators – e.g CQC, Ofsted, FSA etc
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

21. care/learning-be-safer/raising-responding-concerns- whistleblowing
Further Information
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health