Erthygl

Whistleblowing statistics: 2020 to 2021

Wedi ei gyhoeddi: 1 Hydref 2021

Diweddarwyd diwethaf: 1 Hydref 2021

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This report sets out our whistleblowing statistics for 1 April 2020 to 31 March 2021. It includes information about:

  • how many whistleblowing disclosures we received
  • whether we took action on them or not
  • the types of issues that people told us about
  • how many disclosures included employee and employer details

Summary

We are designated as a prescribed body to which people can make a whistleblowing disclosure.

Between 1 April 2020 and 31 March 2021, we received 166 disclosures.

outside our remit
30%
required no further action
63%
considered for enforcement action
7%

We assessed all of the remaining disclosures that were not outside of our remit or did not include enough information to make a full assessment (113 in total). Around 89% of these did not merit further action by us, as they did not align with our current strategic priorities and the criteria in our litigation and enforcement policy.

We referred 12 (around 11%) of the disclosures within our remit to our enforcement team for further assessment to identify the most appropriate response.

Of these:

  • we decided to take no further action in three matters
  • three concluded following scoping or early enforcement work by the enforcement team
  • five related to existing matters being dealt with by the enforcement team

One matter remains ongoing at the time of publishing this report.

Action taken

We generally only use our legal powers to tackle issues that will advance our core aim or one of our five priority aims described in our strategic plan 2019 to 2022.

Approximately 61% of disclosures we received did not align with our strategic priorities and the criteria in our litigation and enforcement policy.

Action taken Number Percentage (rounded up or down)
No further action – did not align with our strategic priorities or meet the criteria set out in our litigation and enforcement policy 101 61%
No further action – not enough information disclosed to enable us to determine whether disclosure is in our remit and / or whether it aligns with our strategic priorities or meets the criteria in our litigation and enforcement policy 4* 2%
Considered further for potential enforcement action 12** 7%
Outside of our remit as a regulator and / or prescribed body 49 30%

* In one case, the whistleblower did not provide contact details. In the remaining five cases, we attempted to obtain further information but none was received.

** The 12 matters given further consideration for potential enforcement action were:

Issue Action and effect
Unequal pay, sex discrimination and victimisation by financial institution. Concluded after further scoping. Prior to our involvement, the organisation had already made a number of improvements to its policies. We were satisfied with the steps taken but suggested some further minor amendments for consideration. The organisation confirmed that it would further review the relevant policies in light of our recommendations.

Relates to 1 above – concerns raised about same financial institution.

No further action. Determined that issues were predominantly about access to information held by the financial institution, which is outside our remit. The whistleblower has also raised concerns with the ICO.
Disability discrimination and breach of s.60 Equality Act 2010 in the recruitment process of a private sector retail organisation. Through early enforcement correspondence, it was established that a number of the issues raised had already been resolved. One remaining issue, linked to breach of s.60 Equality Act 2010, has been resolved through our early enforcement communications. No formal powers have been used.
Racial bias in recruitment and promotion at higher education institution. No further action.
Failure by service provider to make service accessible to those who do not speak English.

Through early enforcement correspondence, organisation gave assurances that it now provides translation services. No formal powers have been used.

Concerns that people with ‘foreign’ sounding names are being subject to discriminatory profiling by a body outside of our jurisdiction.

No further action.
Concerns about race and disability discrimination by a large public sector organisation. Under consideration.
Disability discrimination; public sector. Referred to enforcement team; in each case, disclosure links to ongoing work by the EHRC with the same organisation.
Race and sex discrimination, harassment and victimisation; private sector. Referred to enforcement team; in each case, disclosure links to ongoing work by the EHRC with the same organisation.
Disability and sexual orientation discrimination; public sector. Referred to enforcement team; in each case, disclosure links to ongoing work by the EHRC with the same organisation.
Bullying and harassment; private sector. Referred to enforcement team; in each case, disclosure links to ongoing work by the EHRC with the same organisation.
Disability discrimination; public sector. Referred to enforcement team; in each case, disclosure links to ongoing work by the EHRC with the same organisation.

 

Issues disclosed

Of the disclosures determined to be within our remit (117 total), we identified 206 separate issues in total.

This is greater than the total number of disclosures in our remit we received because some whistleblowers raised more than one type of issue within the same disclosure.

related to discrimination or human rights breaches in the treatment of staff
87%
related to discrimination or human rights breaches in the treatment of service users or customers
11%
unclear
2%

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