'Whistleblowers need a supportive stance to be reflected in UK law'

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16 July, 2012

The recent news that pharmaceutical giant GlaxoSmithKline had received a record-breaking fine for fraud grabbed my attention.

The company admitted to offering doctors regular golf lessons, fishing trips, and basketball tickets while promoting the use of an antidepressant drug for use in children - a use for which it was unapproved. It also and failed to report safety data about a diabetes drug, as well as improperly marketing other drugs. As a result, it was fined an eye-popping $3bn.

As I listened to the story I felt a familiar mix of anger and resignation that wells up when the increasingly frequent examples of corporate misbehaviour hit the headlines. But then the story took another turn, which really piqued my interest.

The illegal activities came to light because an employee blew the whistle. Greg Thorpe raised concerns over the ethics of the company’s business practices with senior managers back in 2001. He was forced out of the company for his pains. So far, so familiar.

But the story didn’t end there - Mr Thorpe took his concerns to US regulators. And far from burying the issue, they spent 10 years getting to the bottom of the story. And here’s where Mr Thorpe’s story differs from those of so many UK whistleblowers. In the US, whistleblowers receive a share of any money recovered by federal government as a result of their disclosures. Yes, you read that correctly - in the US you can actually benefit from bringing to light corporate lawbreaking.

How different from the UK, where whistleblowers are routinely harassed, maligned and disciplined, many having their careers blighted and their mental health destroyed - and often for raising concerns that do not even involve lawbreaking but simply practices that need to improve. If they do receive any money it is in the form of a gagging clause to ensure their information does not reach the public domain.

Yes, Mr Thorpe lost his job, but at least the law in the US takes a more supportive stance towards whistleblowers. Perhaps if we had a similar law here in the UK employers would feel less inclined to protect themselves by destroying the credibility of whistleblowers, and more prepared to learn from the valuable information they disclose.

Readers' comments (38)

DH Agent - as if ! | 16-Jul-2012 3:31 pm
Yes, of course the law needs to take a 'more supportive stance' towards whistleblowers - you only need to read the posts on this site, to see proof of that !

I thought everyone knew that, already ?
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sally carson | 16-Jul-2012 8:29 pm
Legally whistle-blowers will win, if taken to court, but what about attitudes in the work place? Will their lives be intolerable, if some of their collegues have been implicated? We saw one nurse suspended, because she used filming to prove the terrible neglect and verbal abuse of elderly patients, but through public support, was reinstated and classed as THE NURSE of THE YEAR, and so she was, probably of the centuary! It takes guts to be unpopular with work-mates but we need to have a conscience about the care we provide, or with hold. After all, WE are the patients advocates. Let's not let them down!
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George Kuchanny | 18-Jul-2012 11:29 am
Too true. Not only do whistleblowers get no support in law which is bad enough, they also get actively maligned and persecuted, simply not good enough. What should be done? English Law please take note and change your ways. Stop supporting a worn out status quo and start supporting that which is right. Judge on merit not on what is deemed to be the easy option.
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Anonymous | 18-Jul-2012 3:51 pm
Posting anonymously as l am thinking about opening a whole can of worms. How can a system run with managers that are not clinical or have no clinical experience? Listen to those at the coal face, please…, cut the managerial structure before the NHS become obsolete!
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Anonymous | 18-Jul-2012 7:25 pm
Anonymous | 18-Jul-2012 3:51 pm

I can assure you that the NHS was a far better place and service of excellence without parallel anywhere else in the world before the introduction of General Management in the 1980s, when it was run by senior consultants, a medical superintendent and a matron and under her the ward sisters assisted by staff nurses.
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A Nonny Mouse | 19-Jul-2012 4:41 pm
I thought there was new legislation protecting staff who raise concerns - PIDA. Can be viewed on-line or via the NHS Constitution site.
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Anonymous | 19-Jul-2012 7:46 pm
There is also the other side of whisleblowing those jealous, nasty, lying individuals that are known to us all that bully our fellow workers, and make life really unpleasent, however people seem to think this behaviour is ok and not a issue for whistle blowing. I say if these people can be so spiteful and unscrupulous in their actions that are being seen. what are they hiding ie what care are their patients recieving? are their patients suffering in silence, because they are vulnerable and dont want to make things worst? Beacause if their collegues are suffering in this way, then patients will be too! BULLY'S ARE BULLY'S AND NEED STOPPING as there actions can affect good nurses practice and generally devalue nursing as a caring organisation. So remember whilstleblowing doesnt have to be as high brow as Mr Thorps story, although i would say well done for proving your point and standing up for what you believe is wrong.
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Anonymous | 20-Jul-2012 11:10 am
Whistle Blowing and the PIDA law - unfortunately, after 4 years plus of first of all going through internal systems/investigations, then onto Employment tribunal (where it was finally confirmed by the presiding Judge that in face we three nurses had 'blown the whistle' and were justified and correct in doing so) but we 'lost'.
Then we three went onto Employment Appeal Tribunal in London where the Judge found in our favour.
Was that the end of it all? No.
We three were taken to the Court of Appeal - we lost.

So - despite correctly 'blowing the whistle' and doing 'the right thing' which took a lot of reflection, self searching and sleepless nights, did the PIDA act help us and protect us?
NO.

Did we three do the right thing?
YES.
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A Nonny Mouse | 20-Jul-2012 11:17 am
I know that workplace bullying is rife in the NHS, whenever I try and broach the subject with my manager I am always given the same tired old excuses.

I would be more interested in reading an article from NT highlighting workplace bullying as it is so nasty as posted above.

We are fobbed off with 'do you wish to make a formal complaint', 'do you wish to take out a grievance' - has anyone actually ever successfully gone down this route without evenexperiencing even more bullying and lying.
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Anonymous | 20-Jul-2012 9:19 pm
no nonny mouse! i wrote the above comment re bullying and i took put a grievence that was upheld, sometime later at the end of a displinary orchastrated from a web of lies from the bully, documents came to light that showed that the perpertrator of the bullying that was proved, had no sanction placed against her, so was given a Red light by the management team to carry on with her behaviour, which she did with glea, but other people had joined in as there was no deterent. Bullying is so soul destroying and causes a lot of lost work days from ill health, so surely needs addressing, A lot of managers get payed good money, And should have a spine and address BULLYING as a priority.
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Anonymous | 20-Jul-2012 10:03 pm
Nepetism, things are dealt with differently if you are in the clique. As in have nighs out every week etc. I've seen bad practice, attitude, bullying and lack of boundaries brushed under the carpet because of that. I've also seen nurses outside the clique experiencing capability and off the cuff comments regarding their circumstances from management. The RCN is the best support their wealth of knowledge and experience really does make a difference to the nurses who need their service. No words can say how important their work is.
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Anonymous | 21-Jul-2012 10:54 am
Come on NT, let's open up a debate on workplace bullying. I agree that the RCN can help, so can Occy Health - HR don't seem that interested and many nurse managers don't seem to want to accept that bullying goes on in their departments so don't do anything about it.

I too have been outside a 'clique' where I see some staff getting away with stuff others get told off for. It's double-standards that does nothing for staff morale or patient care.

It's very soul destroying, spiteful and can ruin a nurses self confidence.

Weak managers (who are often part of that clique) should be called to account,hardworking staff are entitled to work in peace and the bullies should face disciplinary hearings. It's not uncommon for staff to exaggerate an 'incident' to get rid of staff they don't like or who they think don't fit into their group.

'Fit in', fit in to what exactly. I often feel like saying this is a hospital full of sick people, not a private members-only dining club.

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Anonymous | 21-Jul-2012 12:13 pm
reply to: Anonymous | 21-Jul-2012 10:54 am

I agree, why not open it up? 1:3 in the NHS are bullied and probably every Nurse who works or has worked at NHSDirect, who isn't in the inner circle gets bullied. So many of the NHSD nurses were bullied before they were either spat out by NHSD, or extracted themselves.

It is a soul/ nurse destroying activity that Management are engaged in and will not do Nursing any good at all.

Why are we so helpless to stop it, apart from obviously, there is no WILL to put a stop to it from the top, and that includes the NMC, who hear the cases of nurses accused to trivial failings such as failing to give sennacot to some old lady by mistake. When actually it is Management who should be being reported to the NMC for their failure to provide enough staff to ensure a safe caring environment and lack of due care of all concerned.( No wonder the NMC are in the mess they are, their nit picking has become an art form).

The NMC must also look at what they are doing and ask themselves if they aren't just allowing the bullying Managers to continue the bullying under their(NMC's) supervision.And as everyone knows this investigation process runs on and on for years - so that is bullying which should have ended when the individual left, running on and on too. Its something that the NMC can hardly be proud of, but I doubt they have thought about it either. If they had they would have done something about it, one would hope.

But yes, surely in the 21 century this would be a good social ill, to get sorted.
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Anonymous | 21-Jul-2012 12:21 pm
"failing to give sennacot to some old lady by mistake..."

is that 'some old lady' a person and a patient?

this amounts to labelling patients and disrespect for them, which in turn reflects in attitudes which spread throughout the organisation and to the reputation of the staff working there.

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Anonymous | 21-Jul-2012 1:09 pm

in reply to :Anonymous | 18-Jul-2012 3:51 pm
Are you talking about NHS Direct, it sounds remarkably like them.
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Penny Nibbs | 21-Jul-2012 1:11 pm
in reply to:Anonymous | 21-Jul-2012 12:21 pm

clearly you don't understand the mechanics of giving examples, I pity you.
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Anonymous | 21-Jul-2012 1:29 pm
Esther Greig | 21-Jul-2012 1:11 pm

I understand very well, and do not accept the assumption you make. example or not, it is unacceptable to dismiss a patient and their treatment in this way.

if somebody is sensitive to bullying, it would also be expected that they are more sensitive to the way they refer to and treat others as well as the treatment they need.
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Anonymous | 21-Jul-2012 5:16 pm
let's not argue amongst ourselves, we need a united front if we are to get any respect back into our profession. we could go on and on endlessly about who said what, who they said it to, how they said it - we are human beings, the same as everyone else and we are not perfect.
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Anonymous | 21-Jul-2012 5:39 pm
Anonymous | 21-Jul-2012 5:16 pm

from Anonymous | 21-Jul-2012 1:29 pm

Thanks, I entirely agree. Respect for all.
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redpaddys12 | 21-Jul-2012 6:03 pm
Put it this way, if I was in line for a share of $3 billion the old acme thunderer ( and that isn't a reference to a patient with a severe bout of flatulence) would be breaking windows from here to Ochtarmuchty.
Also, what is the problem with the use of 'old lady' especially in the context given? Perhaps you'd prefer 'chronologically challenged XX chromosomed anthropod', or would you rather this patients name be published then we can whistleblow the person who broke confidentiality? Or, as stated, this was an example where 'young man' or 'middle aged hermaphrodite' would be as equally interchangeable and the pedants are out in force ( says 'old charge nurse', pedantically)
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