Whistleblowing
Paralegals, clerks and trainees who blow the whistle on wrongdoing at their firms can now do so shielded from the risk of retaliation by their employer, after a change to the way the regulator handles disclosures.
The Solicitors Regulation Authority (SRA) has been designated a “prescribed person” under the Public Interest Disclosure Act 1998 (PIDA). The effect is that anyone who works for or with an SRA-regulated individual or firm is protected from retaliatory action when they “reasonably believe” they are acting in the public interest in making a report to the regulator.
Crucially, the protection reaches well beyond qualified solicitors. Law firm employees such as paralegals, clerks and trainees, along with agency workers, are all covered. Solicitors are already under a duty to report misconduct to the SRA, but the regulator hopes the additional measure will give non-regulated colleagues the courage to come forward where they have concerns.
Aileen Armstrong, the SRA’s executive director for strategy and innovation, said serious wrongdoing and the associated risks to the public “sometimes only come to light when someone speaks up”, while acknowledging that “the fear of damaging one’s career can mean that people are reluctant to act”.
She added: “This designation is an important step in making sure anyone working within a law firm, not just a solicitor, feels safe and able to bring forward their concerns.”
The protection applies to disclosures about something happening now, something that took place in the past, or something likely to happen in the future. Solicitors and their staff with concerns about potential misconduct can make a report via the SRA’s Red Alert helpline.
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