The following has been
supplied by the TUC:
'The government is bringing
in an amendment which will undermine the law on whistleblowing 'by the back
door', an employment law expert has warned - and the protection of safety reps
and whistleblowers is in the firing line. David Lewis, professor of employment
law at Middlesex University and convenor of the International Whistleblowing Research Network, has
written an open letter to business secretary Vince Cable attacking the lack of
consultation over an amendment to whistleblowing provisions in the Enterprise and Regulatory Reform Bill, which was presented to
parliament on 23 May. The section 12 one-line amendment introduced in the Bill
would mean disclosures made by whistleblowers would have to be 'in the public
interest' in order to protect the individual if they are made redundant or
suffer detriment as a result of doing so. Professor Lewis warns in his letter
to the business secretary this will inhibit potential whistleblowers from
making important disclosures about wrongdoing. Lewis told human resources
magazine Personnel Today: 'My prime concern with this amendment is that most
people have a choice whether to blow the whistle or not and they will keep
quiet if they think it is the safest and most sensible option.' He added: 'What
the bill is going to do is drop a bomb on the whistleblowing provisions by
simply saying there is now going to be a public interest test for all cases in
all circumstances, which completely sabotages the legislation.' He said that
while a review of the legislation was needed, this change has been brought in
'by the back door' without consultation. The amendments would apply to the
section 43B whistleblowing provisions in the Employment Rights Act 1996.
Section 44 of this Act covers protection for safety reps raising concerns about
workplace safety. It is believed the legal changes if introduced would have a
dramatic impact on safety rights at work, leaving safety reps and
whistleblowers without essential protection. Whistleblowers' charity Public
Concern at Work says the 'public interest' qualifier would apply to any
whistleblowing, including where 'the health or safety of any individual has
been, is being or is likely to be endangered.'
