Tony Grayson memorial lecture: whistleblowing – a legal view
This event was hosted by Chris Cox, Director of Legal Services, who welcomed delegates and introduced Martin Fodder, barrister from Littleton Chambers.
Martin advised delegates on how whistleblowers are protected by existing laws, the effectiveness of the current law, gagging clauses and obligations nurses have to blow the whistle.
Nurses should speak up if they are aware of a criminal offence, a failure to comply/miscarriage of justice, if information has, or is likely to be deliberately concealed, or if the health and safety of an individual has been endangered. Section 21 of Agenda for Change states that all NHS employees “have a contractual right and a duty to raise genuine concerns they have with their employer about malpractice, patient safety, financial impropriety or any other serious risks they consider to be in the public interest”.
However, Martin said that the main reasons people did not speak up were fear of retaliation by management and colleagues and lack of confidence that anything will happen.
For further advice about this issue, the RCN has launched two publications which can be ordered from RCN Direct by telephoning 0345 772 6100
Raising concerns: a guide for RCN members (please quote publication code 004391)
Raising concerns: a guide for RCN representatives (please quote publication code 004392)
