Government takes more proactive approach to protect whistleblowers in the NHS

The Government has introduced a requirement that compromise agreements in the NHS must contain a clause making it clear that the agreement will not prevent an individual from making a protected disclosure in relation to, for example, patient care. 

The Department of Health and HM Treasury have to sign off on all proposed special severance payments (payments made above normal statutory or contractual requirements) to workers in the NHS. The new requirement means that, from now on, the Department of Health will approve only agreements containing a clause specifying that workers will not be prevented from whistleblowing. 

Health Secretary Jeremy Hunt said: "The era of gagging NHS staff from raising their real worries about patient care must come to an end. I've already been clear with the NHS that this is illegal - but now the NHS will get a clear message that they won't even get these agreements signed off unless and until they are clear with staff about their legal right to blow the whistle." 

Workers who blow the whistle are already protected by s.43J of the Employment Rights Act 1996, which states that any provision in an agreement, including a compromise agreement, between a worker and his or her employer is void in so far as it purports to prevent the worker from making a protected disclosure. 

The Government has also introduced a requirement that special severance payments made as a result of judicial mediation, where a tribunal judge acts as a mediator, must be approved by the Department of Health and HM Treasury. Approval was not previously required for such payments. However, Health Minister Dr Poulter stated in Parliament this week that, as of 11 March 2013, approval will be required from both the Department of Health and HM Treasury for special severance payments made through judicial mediation. 

Also

Policy on whistleblowing Use this model policy to provide a route for any worker to raise qualifying disclosures under the Public Interest Disclosure Act 1998. 

Good practice guide on whistleblowing This XpertHR good practice guide provides guidance for employers on introducing effective procedures for reporting concerns about wrongdoing. 

Podcast: Whistleblowing We discuss various aspects of whistleblowing good practice, including: the benefits of whistleblowing; how to create a culture of openness in an organisation; drawing up and communicating a whistleblowing policy and procedure; the importance of providing training to individuals to whom disclosures may be made; and best practice around confidentiality.