It doesn’t have to be this way - A Whistleblowing Bill to protect Whistleblowers

The Public Interest Disclosure Act (PIDA), enacted in 1998 to protect whistleblowers, falls short in several critical areas leaving many without the necessary support and protection. Despite being in place for over 25 years, PIDA has significant gaps that undermine its effectiveness.

Firstly, PIDA lacks provisions to investigate allegations of wrongdoing. This fundamental flaw means that issues raised by whistleblowers may go unexamined. Additionally, the protection offered by PIDA is retrospective; it only comes into play after retaliation has occurred, leaving whistleblowers vulnerable in the interim.

The determination of ‘whistleblower status’ can only be made by a court, complicating the protection process and adding a layer of legal uncertainty. Moreover, the Act only protects ‘workers,’ excluding a range of individuals such as directors, trustees, victims, witnesses, and relatives, thereby narrowing the scope of protection.

Public awareness of PIDA is also remarkably low, with less than 30% of people knowing about the Act. This lack of awareness undermines its potential impact. Furthermore, the name ‘PIDA’ does not clearly indicate its purpose to protect whistleblowers, contributing to this ignorance.

The success rate for whistleblower cases is disheartening, with only 4% succeeding at preliminary hearings. The wait time for these cases to be heard in employment tribunals exceeds 24 months, exacerbating the stress and financial burden on whistleblowers.

Compensation awarded under PIDA often fails to cover the true losses incurred, and the Act does not address the significant financial imbalance between whistleblowers and their employers. Additionally, PIDA does not prevent the use of non-disclosure agreements (NDAs) or tackle the issue of blacklisting.

Finally, there are very few lawyers specialising in whistleblowing, and even fewer who represent whistleblowers, making it difficult for individuals to find competent legal support.

In summary, while PIDA aims to protect whistleblowers, its numerous shortcomings severely limit its effectiveness, leaving many without the protection they need and deserve.