15 Years of Whistleblowing Protection under the Public Interest Disclosure Act 1998: Are We Still Shooting the Messenger?

Abstract

Abstract In the wake of high-profile scandals such as the catastrophic failings of the Mid-Staffordshire National Health Service Trust, this article contributes to the debate on the role of the Public Interest Disclosure Act 1998 (PIDA), now 15 years in force, in promoting increased transparency in the workplace. The article briefly discusses legal protection for whistleblowers prior to the PIDA before proceeding to evaluate the development of the provisions through judicial decisions. The article considers the implications of the amendments effected by the Enterprise and Regulatory Reform Act 2013, namely the public interest and good faith requirements, protection from detriment by a co-worker and extension of the ‘worker’ category. In drawing on quantitative and qualitative data, the article highlights the frequent disparity between an organisation’s ‘party line’ and the cultural reality of the workplace. The article explores the difficulties inherent in evaluating the success of legislation, which essentially aims to change attitudes in the workplace, but contends that the PIDA continues, albeit incrementally, to move towards its intended purpose.

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