Nineteen years of whistleblowing legislation in the UK: is it time for a more comprehensive approach?

Abstract

Purpose

The Public Interest Disclosure Act 1998 (PIDA 1998) was the model for South Africa’s Protected Disclosures Act 2000 and has been regarded as an exemplary piece of legislation in debates in other countries, for example, the Netherlands, New Zealand and some Australian states. However, in the light of international developments since PIDA 1998 came into force, in particular the principles contained in the Council of Europe Recommendation and the enactment of more sophisticated statutes elsewhere, it is contended that the UK legislation is no longer fit for purpose. The purpose of this article is to make suggestions for reform in the light of developments elsewhere.

Design/methodology/approach

This paper assesses the operation of PIDA 1998 (as amended) in the light of the case law and empirical research.

Findings

The paper makes detailed suggestions for reform in relation to both the law and practice of whistleblowing.

Research limitations/implications

The paper focuses on the main issues raised by the UK whistleblowing provisions. It has implications both nationally and internationally.

Practical implications

It is hoped that the recommendations will provoke thought about legislative reforms and changes in management practices.

Social implications

If the reforms suggested in the paper are enacted, it is expected that workers will be more confident about raising concerns about wrongdoing. This should benefit society generally in that economic inefficiencies can be dealt with and citizens can enjoy greater freedom of speech.

Originality/value

This review of the UK legislation over 19 years should be of value to academics, students, legal and management practitioners both at home and abroad.

Citation

Lewis, D.B. (2017), "Nineteen years of whistleblowing legislation in the UK: is it time for a more comprehensive approach?", International Journal of Law and Management, Vol. 59 No. 6, pp. 1126-1142. https://doi.org/10.1108/IJLMA-07-2017-0157