Whistleblowing in Education; Protecting Teachers and Staff in London Schools

Whistleblowing plays an intrinsic role in maintaining ethical standards within the education sector and is relied upon to expose misconduct, protect the welfare of staff and students, and to ensure there is accountability in schools and the educational system.

It is unfortunate that teachers and staff within the sector often find themselves in challenging situations where they may experience, witness or suspect wrongdoing in some form. This can include safeguarding issues, breaches, and overall wrongdoing. It is crucial, and the duty of teachers and staff to report incidents when they take place, however big or small they feel they are to reduce wrongdoing and to ensure the safety and integrity of schools and the education sytem.

Unfortunately, whistleblowing can also be fraught with personal and professional risks for the individuals involved and therefore many may hesitate to speak out or come forward due to fears of retaliation, job insecurity, bullying or damage to their reputation.In London’s schools, creating and building a culture where staff feel confident to report wrongdoing is essential. Having a deep understanding of the legal landscape there to protect you as well as the procedures and laws in place is critical to give you the foundation and strength to disclose and report what you have witnessed or been exposed to.

By understanding these safeguards, whistleblowers can help create a safer and more accountable environment for all as well as of course making sure that they are personally protected from potential repercussions. In this post we explore the challenges and protections that are in place for whistleblowers in London who are working in the education sector. We explain what exactly a whistleblower is and how an employment law specialist, like Damian McCarthy, is here to help.

What is Whistleblowing?

Protected Disclosure, the official legal name for whistleblowing, can broadly be defined as the act of speaking out where a worker believes that an act of wrongdoing has occurred, will occur or is likely to occur in the future. Workers who voice their concerns are protected by law to ensure that they are not subjected to unfair treatment, bullying, retaliation, or other adverse consequences because of their whistleblowing.

Challenges

Maintaining ethical standards, safeguarding, and protecting students and making sure that schools and their staff are accountable for their actions, are the main reasons why whistleblowing is crucial within the educational sector. However, teachers and staff who choose

to blow the whistle can often face significant challenges as a result. Retaliation, bullying, safeguarding issues, and job security are key challenges that unfortunately people face daily.

Retaliation

It is incredibly sad to say that although there are laws in place, whistleblowers still fear retaliation. They worry about losing their job as a result, being demoted, not receiving the job promotion they have worked so hard for and facing isolation or being treated differently by colleagues and management. This fear is something that runs throughout all industries, including education due to the nature of the hierarchical structure making it difficult for individuals to speak out without their career and reputation being affected.

Bullying

Like retaliation, bullying is a fundamental challenge for whistleblowers in the education industry due to the hierarchical nature of schools. The risk of isolation, being targeted, or treated unfairly by colleagues and experiencing undermining behaviour are just some of the things Damian McCarthy has witnessed. Bullying can manifest in many ways such as general exclusion, being ignored, lack of communication and invitations to attend meetings. These acts can have an emotional effect on the individual and can also stop others from coming forward in the future; creating a work ethic of staying silent and just accepting of the unfair experiences that you are experiencing or witnessing.

Job Security

People are scared to lose their job if they speak out and so some do not as a result. We know that the world we live in is becoming more expensive and job security is crucial for many; therefore the fear of jeopardising their livelihoods discourages many from coming forward. Having said that not speaking up means this wrongdoing continues which impacts the working world, the wellbeing of others and the integrity of the workplace. That is why it is critical to contact an employment law specialist who are experts when it comes to whistleblowing, to guide you through the journey step by step, making sure you are listened to and protected.

Protection

When we talk about protection when it comes to whistleblowing, we know that to create a trustworthy educational sector, schools and institutions must create a culture of trust, transparency, and honesty. These values work best when they are at the centre of every individual’s development plan and will help to ensure that those who raise concerns are supported by their place of work, as well as the law, and not penalised. The protection of whistleblowers is essential in the creation of a safe, ethical, and forward facing learning environment for both staff and of course the students.

In terms of legal protection, there is the Employment Rights Act 1996 which was created to make sure that all employees can ‘blow the whistle’ and be honest about what they have experienced and or witnessed, knowing they are being protected. This legislation provides three main rights;

It is unfair to dismiss an employee for making a protected disclosure (ERA 1996 s 103A).

It is unlawful to subject a worker to any detriment for making a protected disclosure (ERA 1996 s 47B).

The act of whistleblowing within the terms of the Act will not amount to a breach of contract.


Do you Need Professional Support?

At Damian McCarthy, we strongly suggest you contact an employment law specialist if you have experienced or witnessed wrongdoing in your educational workplace. An employment law specialist can provide you with all the legal advice you require and represent you. Their role involves guiding you and making you aware of your rights, the laws that are applicable to your case and making sure you are always being fully compliant with the necessary regulations. The aim is to protect the client and to help resolve conflict and to ensure fair and lawful treatment in the workplace.


Damian McCarthy has more than two decades of experience and has the highest levels of knowledge and expertise on Whistleblowing and Employment Law. He has regularly instructed on high profile whistleblowing cases, and he has represented several high profile cases. Damian is known for consistently achieving outstanding results and his client focused approach, quickly identifying the key aspects of a case, and therefore allowing him to concentrate on the most critical issues, saving both time and costs, but always securing the best possible outcome for his clients.

If you would like to understand more about whistleblowing and how Damian and his team can help you, please visit the homepage where you will find all the information you need.