Can whistleblowers be protected?

Public and private sector workers are protected under laws

A whistleblower who alleged wrongdoing at a prison has been awarded more than £470,000 in compensation for unfair dismissal.

The case of Carol Lingard is the latest example of what can happen when whistleblowers' revelations damage their careers even though legislation to protect them has been in existence for six years.

Her employment tribunal hearing was told Mrs Lingard was treated as a "grass" after reporting claims that prisoners were being bullied at Wakefield high-security jail.

Prison Service director general Phil Wheatley has since apologised to her and acknowledged that the Professional Standards Unit (PSU) - established by whistle-blowing legislation - and his deputy all failed to deal properly with her allegations.

A decade ago, to call someone a whistleblower was an insult Guy Dehn Public Concern at Work Whistleblower wins £477,000

The Public Interest Disclosure Act was introduced in 1999 to give greater protection to whistleblowers.

It was designed to encourage people to raise concerns about alleged malpractice in the workplace.

It also aims to ensure that organisations respond by addressing the message, rather than the messenger, while resisting the temptation to cover-up any malpractice that might exist.

The director of charity Public Concern at Work, Guy Dehn, said the Lingard case showed how "strong the legislation is".

"It shows that there is accountability.

Independent criticism

"The Prison Service is reviewing how it responds to concerns.

"The legislation means there is a public forum for debate about how allegations are handled," Mr Dehn said.

The charity helps people who are contemplating whistleblowing or have suffered because of having already disclosed what they regard as wrong practices.

If the criticism levelled at the PSU is unjustified, then the Prison Service needs to make that clear, he said.

"But independent people [at the employment tribunal] criticised the PSU after listening to both sides and cross-examining both sides - so that is serious," Mr Dehn said.

The Prison Service accepted the tribunal's recommendation for a comprehensive review of the PSU.

The charity, operating for 13 years, receives between 800 and 1,000 calls a year from people concerned about wrongdoing that affects others in the public and private sectors.

Mr Dehn said the legislation, which the organisation supported, has changed attitudes towards whistleblowers.

"A decade ago, to call someone a whistleblower was an insult. Now the attitude has changed from negative to more positive.

Victimisation

"Employers have also changed their attitudes - they used to think 'here comes a troublemaker', now they are more willing to investigate."

Prior to the legislation, concerned workers were more likely to ask for advice on how to reveal alleged wrongdoing. Now they are more concerned about what their legal rights are, Mr Dehn said.

"Many who contact us are not sure what to do next, but there are also a lot of those who have been victimised at work since revealing information."

The organisation offers advice, usually along the lines of: "let the facts speak for themselves", Mr Dehn said.

"With almost any whistle-blowing concerns, if the organisation is not corrupt, there is always a way to do it without damaging yourself or your career."