Whistleblowing in numbers
With whistleblowing cases regularly making the news headlines, there is increasing recognition that whistleblowing plays an essential role in risk management within all organisations, regardless of industry sector or size. Understanding how to manage whistleblowing and foster a healthy speak-up culture is vital.
- 1 in 3 whistleblowers are ignored (source)
- 70% of whistleblowers are victimised, dismissed or feel they need to resign (source)
- 77% of workers in the City that encounter sexual harassment or bullying do not formally report it (source)
- 57% of workers choose not to blow the whistle because they believe it won’t make a difference (source)
What we do
Enabling workers to safely voice concerns – and having the infrastructure in place to hear and deal with those concerns – is a cornerstone of good governance, and is at the heart of a healthy and open culture. Beyond ensuring legal and regulatory compliance, we help our clients to consider how to respond effectively to concerns in order to build a culture which promotes “listening up”, and not just “speaking up”.
For more information on how we can help you, please contact your usual Linklaters contact.
Compliance
Our clients trust us to work with them on devising whistleblowing policies and procedures that not only meet minimum legal and regulatory standards, but reflect best market practice to encourage their staff to speak up
- An international energy company: advising on a new whistleblowing policy and legal compliance in the UK and several EU countries, following the introduction of the new EU Whistleblowing Directive.
- A global cyber security company: conducting a wide-ranging corporate governance review following a senior employee’s allegations of serious mismanagement in several jurisdictions.
Training
We have designed a suite of training packages – for all staff, for managers and for compliance functions – to help our clients navigate the challenges associated with whistleblowing, and to help embed a healthy culture of speaking and listening up within their organisations.
- An Asia-headquartered bank: providing a comprehensive training programme to managers, control functions (such as Compliance, Legal and HR) and all staff, e.g. on their legal and regulatory obligations under whistleblowing laws, and how and why to speak up.
- The Whistleblowing Champion of an asset manager: providing one-to-one training on the director’s obligations under UK financial services regulations.
Investigations
With employees increasingly feeling empowered (and being encouraged) to speak up, we often help our clients either by undertaking whistleblowing investigations for them, or by advising them on how to investigate concerns themselves
- A FTSE-listed company: undertaking a whistleblowing investigation into a board member following allegations of inappropriate personal conduct.
- An international asset manager: advising on a whistleblowing investigation into allegations raised by an ex-employee and reported to four global financial services regulators.
Litigation
We regularly act for our clients in defending whistleblowing claims brought against them, and their senior executives, by current and former employees
- A global investment bank: advising on the defence to a high-profile and high-value whistleblowing claim in the UK, involving board members and other senior executives.
- An insurance company: advising on a whistleblowing and personal injury claim brought by a senior employee.