Whistleblowers

Sarah Russell Excerpts

Wednesday 2nd July 2025 Westminster Hall

[Sarah Russell (Congleton) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Turner. I thank my hon. Friend the Member for South Dorset (Lloyd Hatton) for securing this debate. As is well known, I worked as a solicitor prior to coming to this place, and I advised a significant number of clients on whistleblowing matters. Based on that experience, I think my hon. Friend is quite right that whistleblowers make an immense contribution to society and that their protection is extremely important.

I will take this opportunity to highlight two gaps in the law as I saw them in practice. The first relates to who is covered by the existing law. The EU whistleblowing directive would have introduced in this country coverage for self-employed people under the purview of the whistleblowing Act, but of course we have left the EU, so I assume we will not be implementing it. That is a terrible shame, because self-employed people are really important in this picture.

I have some casework relevant to this matter that I cannot refer to because it is going through tribunal, but in 2022 Inside Housing magazine found that, post Grenfell, fire risk assessors were coming under pressure from their employers or, if they were self-employed, their commissioners to downgrade their assessment of fire risk in social housing, because it is so expensive to remediate. In other words, fire risk assessors were whistleblowing that they were concerned that, when they had to make a professional judgment about danger, they were being put under pressure to assess things as being less dangerous than they actually were.

A lot of fire risk assessors are self-employed and are incredibly vulnerable, particularly if they have a major social housing client, as many do. They have all the vulnerability of being a whistleblower but none of the protection of employment legislation. They also work for other people, so they are not an employee and may not meet the definition of worker, so they are currently completely excluded. Protect has been campaigning for us to introduce protection into the law, and the EU has recognised that we need protection in law for self-employed people who whistleblow. I would very much like to see the law changed. It would be in the best interests of the whole country and everybody’s safety if we did so.

The second problem with whistleblowing law is that it is hard to advise a client that it is worth their taking the risk to bring a case because it is very difficult to prove reliably that what caused the breakdown of the relationship with their employer is the fact that they whistleblew. Employers understandably do not want to admit that their employee was mistreated because they whistleblew, to the extent that they systematically delude themselves about why that person was excluded and subsequently dismissed.

There are two ways in which that happens. In a financial services context, I have seen a person’s performance being heavily criticised as “non-commercial”. What that actually means is that the person is not giving the advice that people want to hear, which is quite different from not being commercial; it means that the person actually has regard for the law, and that is unpopular. We have seen examples of that. It is well known that the in-house counsel for the Post Office stopped being invited to meetings because she was not providing the advice on the law that people wanted to hear, so the board and the chief exec just started shutting her out.

It definitely happens in legal contexts and financial services contexts. People’s performance starts to be criticised very heavily, but to the person advising them there will be a systematic set of evidence that shows that they were being performance managed. The person advising the client has to tell them, “This is high risk. Your employer is going to say that you were underperforming. I am going to say, on your behalf, that you were being penalised for whistleblowing, but some of this will depend on what the tribunal finds on the day.” That is quite a difficult environment in which to advise people to continue to whistleblow.

The second line of case law that is really problematic in a whistleblowing context is about the irreconcilable breakdown of relationships. There is a whole line of case law about how badly people fall out with their colleagues when they start whistleblowing. I have seen that in an NHS context—in fact, the line of case law comes from an NHS context. The employer says, “Oh, no—you haven’t been penalised for whistleblowing. You’re an impossible human being. You are impossible to work with. You have fallen out with all your colleagues and you have been dismissed completely legitimately for another substantial reason: you cannot work with anyone, and that is compromising patient safety.”

I have watched an NHS trust systematically trying to line up a member of staff—it is clear from reading the papers—to say that they absolutely cannot get on with their colleagues any more. It carried out independent investigations to find that the person cannot get on with their colleagues. The reason why the person cannot get on with their colleagues is that they are repeatedly raising concerns about their clinical practice, which those people do not want to hear, so they all round on the whistleblower. The case law on the irreconcilable breakdown of relationships is hugely problematic for whistleblowers, and we need clarity in the law such that employers cannot hide behind—or frankly, construct—an irreconcilable breakdown of the relationship to hide, and make potentially lawful, a dismissal that in any other circumstance would clearly be a whistleblowing dismissal.

I thank my hon. Friend the Member for South Dorset for securing the debate, and I look forward to hearing from the Minister. There is a significant need for legal change in this area.

--- Later in debate ---

[Greg Smith (Mid Buckinghamshire) (Con)]

It is a pleasure to serve under your chairmanship, Mr Turner. I congratulate the hon. Member for South Dorset (Lloyd Hatton) on securing this important debate. We have had a short but good debate with well-informed contributions from all right hon. and hon. Members. I am pleased to speak about the contribution of whistleblowers —the men and women who often, at great personal cost, speak truth to power and expose wrongdoing that threatens the public interest.

Whistleblowers are a vital component of any transparent and accountable society. From exposing financial misconduct in public contracts to raising the alarm about unsafe practices in hospitals, schools and the criminal justice system, they are often the first line of defence against systemic failure. They help protect taxpayer money, uphold ethical standards and, in some cases, save lives. Under the previous Conservative Government, we took their contribution seriously. We recognised that whistleblowers must be supported, not silenced. That is why we commissioned a comprehensive review of the UK’s whistleblowing framework. That review, launched in 2023, aimed to modernise the Public Interest Disclosure Act 1998, reflecting the changing nature of workplaces, technology and organisational cultures.

We took concrete steps. The last Government expanded the list of prescribed persons—independent bodies to whom whistleblowers can safely report wrongdoing. We introduced new protections for whistleblowers in health and social care, ensuring that staff who spoke up about abuse or unsafe conditions could not be victimised or dismissed. We supported the establishment of confidential reporting channels across Government Departments, particularly in defence procurement and His Majesty’s Revenue and Customs, where vast sums of public money are at stake.

We also supported the Office of the Whistleblower Bill, championed in the other place by Baroness Kramer and others—a cross-party effort that recognised that current enforcement is fragmented and that an independent body with real teeth is essential if we are to protect whistleblowers and punish retaliation effectively. I regret to say that the current Government are undoing much of that progress.

[Sarah Russell]

My recollection of the development of the law during that time is that the cap on unfair dismissal awards applied to whistleblowing, which made it much more difficult for me to get adequate compensation for my clients, particularly if they were high earners in the financial services sector.

[Greg Smith]

The hon. Lady clearly has a great deal of experience as a solicitor before her election to this place. I am not trying to make the case that everything is as it should be—in fact, I just said that the system clearly needs reform—but I think the last Conservative Government should be proud of concrete steps they took, which I hope will be built on by the new Government, but at the moment, the evidence is pointing the other way.

Despite warm words about transparency and ethics in public life, Labour has shown a concerning reluctance to strengthen whistleblower protections. The much anticipated response to the 2023 review has been repeatedly delayed. In the meantime, those brave enough to speak up remain exposed to career-ending retaliation, blacklisting or legal threats.

Worse still, Labour has quietly watered down safeguards in some of the very sectors where whistleblowers are most needed. I point, for example, to the recent decision to roll back reforms on anonymous reporting in the national health service. In the name of organisational cohesion, Labour is silencing dissent and discouraging staff from flagging issues that could directly impact patient safety.

[Sarah Russell]

I need to apologise to the shadow Minister—I was inaccurate on that last point, so I just want to correct the record.

[Greg Smith]

I am grateful for the hon. Lady’s correction. This House would be a far better place if everyone corrected their errors in a much timelier manner. We all make mistakes, and it is good when we stand up and admit to them.

This same attitude is evident in the Government’s approach to transparency in the armed forces. Those on the Conservative Front Bench in the other place have been pressing the Government to include a whistleblowing function in the Armed Forces Commissioner Bill. The noble Baroness Goldie’s amendments would give armed forces personnel the ability to raise a whistleblowing complaint to the commissioner, with the commissioner required to investigate and ensure complete anonymity. The Government have repeatedly opposed adding a whistleblowing function to that Bill. Labour peers and MPs have voted against the noble Baroness Goldie’s amendments three times to date, arguing that they are unnecessary.

The Government have claimed these amendments could make it less likely for someone to come forward purely by including the terms “whistleblower” and “whistleblowing”, yet that language is already widely used in such schemes. The NHS has a whistleblowing scheme known as the freedom to speak up policy, which directly uses the term “whistleblowing”. The Children’s Commissioner issues an annual whistleblowing report. To say that those terms would discourage people from raising issues is a fallacy and is not consistent with Government policy. If Labour was serious about this, it would have backed our amendment that would allow whistleblowers to come forward to the commissioner.

We have also seen worrying reports that Labour’s planned overhaul of procurement oversight may remove mandatory reporting requirements that flag up the fraud or conflicts of interest that are often brought to light by whistleblowers working inside those systems. That is not the direction we should be travelling in. A Government who are truly confident in their integrity should not fear whistleblowers; they should welcome them. They are not saboteurs, and they are not disloyal—they are patriots who put principle before personal gain, and they deserve better.

The Opposition remain committed to championing whistleblower protections. We believe in robust and enforceable safeguards. We believe in the need for an independent body to investigate whistleblower complaints and to protect those who speak up, and we will continue to hold the Government to account for any failure to protect those who protect the public interest.