A moment on the lips ... a lifetime on your record. The stigma by those brave enough to blow the whistle on their employers' malpractice is enough to deter most would-be 'conscientious objectors' from speaking out. But the Public Interest Disclosure Act is making life easier for them--and giving employers far more incentive to adopt sound policies on disclosure.
| Author | Berens, Camilla |
| Position | Business Whistle-Blowing |
What must have been going through Katharine Gun's mind as she sat in the dock of court number seven at the Old Bailey, charged with what was, in effect, treason? Feeling the full weight of the government's legal apparatus, did she feel a flicker of regret for the enormous pressure she had put both herself and her family under as she prepared to defend her decision to leak the now infamous GCHQ spy memo last year (see panel, page 21)? And, for all Gun's well-publicised resolve, surely her stomach must have knotted just a little at the prospect of spending months behind bars?
The government's controversial last-minute decision to drop charges may have let her off the hook, but Gun's case still highlights the dilemma faced by all whistle-blowers--politically motivated or otherwise. Corporate whistle-blowers such as Enron's Sherron Watkins and WorldCom's Cynthia Cooper found the decision to expose financial skulduggery to their own colleagues hard enough, but Gun must have had nerves of reinforced steel to take on the state. Her job in the intelligence services meant that she was denied the normal financial and legal support available to "ordinary" employees under the Public Interest Disclosure Act 1998 (Pida).
But Gun was lucky. Even if the ease had proceeded, she had a husband who'd provided emotional and financial support in the run-up to the trial and public backing that extended across the Atlantic--the Reverend Jesse Jackson was among the many civil rights activists who signed a statement of support for her in the US.
Gun may have lost her job, but her new status as cause celebre will almost certainly bring with it lucrative offers in the form of book deals and invitations on to the political lecture circuit. But, beyond the international media spotlight, what happens to all the other people who blow the whistle on employers that don't have such a high profile? The recent coverage of Gun and the European Commission's former chief accountant, Marta Andreasen, might give the impression that whistle-blowing is a rare phenomenon, but such cases are only the tip of the iceberg. In the UK alone, hundreds of worried employees seek guidance each year on how to tackle concerns ranging from financial irregularities to health and safety lapses. Those who contact the country's officially recognised whistle-blowers' charity, Public Concern at Work, are often surprised at how much legal support is available to them.
It's likely that there are many more would-be whistle-blowers waiting in the shadows. One of the main factors preventing them from speaking out is the fear of isolation, according to Cary Cooper, professor of organisational psychology and health at Lancaster University Management School. He has found that some people would rather leave their employer than confront serious misconduct.
"A lot of cases are not as clear cut as the ones you read about in the newspapers," Cooper says. "Even if someone has firm suspicions about malpractice, they might feel that they haven't got a strong enough case to raise the issue. Then there is the question of getting it wrong. Even if you are absolutely certain, there is still the fear that you might lose the respect of your colleagues for rocking the boat. Often people will try to ignore the problem or even move jobs to avoid it."
Accountant Antonio Fernandes waited almost three years to expose his company's managing director for running up almost 400,000 [pounds sterling] in unauthorised expenses and cash advances. He says he hesitated because some of the unauthorised payments were going towards fees relating to the adoption of a child.
"I was in a real dilemma," Fernandes recalls. "I didn't want to jeopardise that child's future but I couldn't...
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