Whistleblowing, the act of exposing wrongdoing within an organization, is a courageous act that can lead to significant changes in society. This article explores some of the key whistleblowing cases that have set precedents and sparked debates.
Bates van Winkelhof v Clyde & Co
In a landmark case, former partner Krista Bates van Winkelhof alleged that she was dismissed by international firm Clyde & Co after making allegations against the managing partner of the firm’s Tanzanian operation1. The Supreme Court hearing could set a precedent to allow partners protection under whistleblowing laws1. If the court rules in Bates van Winkelhof’s favour, partners will gain protection under whistleblowing laws and legal redress
Key Whistleblowing Cases of 2023
The year 2023 saw several key whistleblowing cases that captured public attention and ignited debates on a range of issues.
Halet v. Luxembourg
Raphaël Halet, one of the LuxLeaks whistleblowers, was a former PWC employee who revealed documents showing a major global network of tax avoidance schemes based out of Luxembourg2. The European Court of Human Rights found that Halet’s criminal conviction violated the European Convention of Human Rights, specifically Article 10, which protects the freedom of expression2. This decision marked an important affirmation by the Court that whistleblowing is an exercise of free expression and is thus protected under the Convention.
Other Notable Cases
Other notable cases include Kong (Appellant) v Gulf International Bank (UK) Ltd (Respondent) UKSC 2022/0131, Ms C Stewart v Foreign, Commonwealth and Development Office: 2204590/2022, Mr M Pitman v Hampshire Hospitals NHS Foundation Trust and L Alloway: 1404274/2021, Ranson v DHSC (Case 21/20), Daniels v United National Bank Ltd, Ms A Henderson v GCRM Ltd and others (Scotland : Public Interest Disclosure) [2023] UKET 4102334/2022 (21 April 2023), Dr J Macanovic v Portsmouth Hospital NHS Trust: 1400232/2018, Reverend D Green v Lichfield Diocesan Board of Finance
These cases serve as a strong reminder that our work is not only needed, but also making imperative changes to individual lives and wider society.
Whistleblowing is a critical mechanism for exposing wrongdoing and promoting transparency. The precedent cases discussed above highlight the importance of legal protections for whistleblowers and the significant societal impact of their actions. As we move forward, it is crucial to continue supporting and protecting those who have the courage to speak up.
