Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Seth Freedman

GET UPDATES FROM Seth Freedman
 

To Blow Or Not to Blow?

Posted: 30/01/2013 00:00

Curtains drawn, faces stern, I drop the USB stick into the evidence bag, before it is swiftly pulled away and tightly sealed shut. I slump back in my chair, accept their thanks, rise weakly to my feet and get escorted to the exit. No going back now, but no idea what's awaiting me going forward either. To blow or not to blow? At least I've dealt with that question, cue the slings and arrows and all manner of assault.

Whistleblowing is far from suitable for every situation, especially in the UK where the current legislation is worryingly insufficient to encourage whistleblowers to speak out. My own experience at the centre of the gas price-fixing allegations has been a textbook case of what happens when companies find themselves under the spotlight after allegations of abuse have come to the surface.

Suspended from work? Check. Smeared by corporate figures both in public and private? Check. Dismissed from work without any disciplinary procedure followed, delved into by investigators hired to discredit me, disadvantaged for any potential future employment in the field? Check, check, check. The onslaught is inevitable, and you've got to be prepared for the worst.

Even the upside can bring you down. In my case, seeing my revelations trigger a debate in Parliament less than 24 hours later and being called to Brussels to give evidence to officials at both the European Parliament and European Commission was a massive reassurance that my allegations were being taken seriously. At the same time, however, seeing how little some regulators and politicians actually knew - and, in many cases, cared - about the issues at hand was highly alarming.

The response from closer to ground level was far more encouraging. Right across the political spectrum, the press gave supportive and extensive coverage to the story: tabloids and broadsheets, right- and left-wing papers all united as one to throw their weight behind the calls for a full investigation into the gas market, and their readers added online support in their thousands.

But the insouciance with which many in the trading community and wider gas industry treated the accusations suggested that they knew they would remain insulated from both punitive and regulatory measures, despite all the politicians' hype during the height of the coverage. For far too long, energy markets have been largely unregulated and traders left to their own devices as they attempt to profit from gyrations in the prices of some of our most essential commodities. Expecting overnight change now was far too optimistic, but at least I hoped my evidence helped add to the argument against letting the laissez-faire status quo remain in place for long.

Once the story faded from the front pages, my personal battles began, as my firm set about exacting retribution against me for my so-called crimes. Suspended from work and unable to seek new employment, stress and fear took hold as I dealt with the ramifications of my actions. Even though I had followed correct whistleblower procedure and had acted in order to protect my firm's reputation, I was being punished rather than rewarded for my approach to the regulator. The revenge was swift, and even though I'd seen it coming, it was still a shock when the axe fell and I was slung out on the street.

Other whistleblowers approached me, telling similar tales of malice and mistreatment. Many of them had even worse experiences than mine, suffering intimidation, physical violence, financial destitution and all manner of health and relationship breakdowns. The common theme in all their narratives was a feeling that not only was the law wholly on the side of the banks and corporations rather than their cowed employees, but also that the UK was doomed to lag far behind other countries' attempts to belatedly redress the situation.

Recent reports claim that calls to the FSA's whistleblower hotline have close to trebled since the start of the financial crisis, yet real and serious efforts to assist whistleblowers come forward are few and far between. Companies still feel sufficiently emboldened to fire whistleblowers with impunity, safe in the knowledge that their victims will often be forced to abandon their unfair dismissal claims, thanks to legal costs at employment tribunals being unrecoverable from the losing side. Thanks in part to gagging orders imposed in many out-of-court settlements, the naming and shaming of organisations who mistreat whistleblowers is not prevalent enough to do serious damage to the guilty parties' brands and image and thus force them to think twice about their vindictiveness.

Until such a change occurs, plenty of would-be whistleblowers will get scared off by the horror stories of those who've gone before. And in an age when big business badly needs to be brought to heel, discouraging employees from speaking out is the last thing society needs. One day, to blow or not to blow should be easily answered by the former option. For now, sadly, it is the latter that is all too often forced to prevail.

 
 
 
FOLLOW UK POLITICS
Curtains drawn, faces stern, I drop the USB stick into the evidence bag, before it is swiftly pulled away and tightly sealed shut. I slump back in my chair, accept their thanks, rise weakly to my feet...
Curtains drawn, faces stern, I drop the USB stick into the evidence bag, before it is swiftly pulled away and tightly sealed shut. I slump back in my chair, accept their thanks, rise weakly to my feet...
 
 
  • Comments
  • 14
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
09:50 PM on 02/03/2013
Whistleblowers should have full protection
06:19 PM on 01/30/2013
What happened to the Public Interest Disclosure Act, and to the charity Public Concern at Work that is supposed to help people supposed to be entitled to protection under it?
04:47 PM on 01/30/2013
We live in a world of 'cover up', it's from the top down in the UK.

NHS Dr's will actively kill their patients to cover up their mistakes and those of their peers.

The Investigative Journalist exists no more.

Their papers are threatened with not being called for the next press briefing by Gov't should they rock the boat and not 'gag' their reporters.

Ins Co's are even able to interfere with the results of an Investigation by a Council into the most heinous crimes of child abuse and get it 'buried'.

Would the last honest person to leave Britain please turn the lights out.
04:25 PM on 01/30/2013
Seth - you've a long relationship with the Guardian and wrote an exposé of your time as a broker. It's hard to shake the impression you were actively looking for something to expose - especially as your evidence was all so circumstantial and inconclusive. Care to explain why such an opinion would be wrong?
06:02 PM on 01/30/2013
1. I took the concerns to my firm, since I was on the UK market that day and had a duty to report suspicious trading to my bosses.
2. They agreed it was suspicious, yet were reticent to report the matter to Ofgem.
3. They eventually did report to Ofgem, albeit in a very half-hearted fashion, yet Ofgem did nothing to deal with the situation.
4. It was only at that point that I went to the FSA and to the press.

You can infer what you like about my past, however this began with me trying to do the right thing at work and report the matter internally (there are countless tapes and documents in both the private and public domains proving this). Had my bosses and/or Ofgem dealt with the matter properly, it would never have emerged in the press in this fashion.

Our job as price reporters is to investigate. It's what the market pays for, and relies upon, us to do. The evidence was far from circumstantial - rather, it was of such concern that my bosses, Ofgem, the FSA, dozens of analysts and other market commentators, all now say that there looks to be a serious problem both with this particular day's trading, as well as the market's structure as a whole. I've just spent today at Ofgem handing over more evidence, and trust me - they're not wasting their time worrying about me, they're worried about the market and its flaws. So should you.
02:22 PM on 01/30/2013
Same old story isn't it? Power corrupts, and absolute power corrupts absolutely. It's in government, the press, the utility companies, huge multi-nationals, banks - pretty much the modern world shows it's corrupt. What amazes me is how many of those involved are quite happy to potter off to their respective churches and smile benignly at the rest of us. Hypocrites, all of them.
photo
HUFFPOST SUPER USER
asrobs
80 years experience
01:51 PM on 01/30/2013
This is typical of the organisations in this country they all try to avoid any upheaval because they all seem scared they might be implicated there should be a charter to support whistle blowers run by some one like "private eye"---- this to allow less trauma to individuals speaking out.
01:44 PM on 01/30/2013
In college training both in Financial Services and Accountancy we are told it is a crime NOT to whistle blow.

Whistleblowing is the right thing to do, but too many people don't because of the consequences suffered . It should be encouraged and there should be protection for those who have to do it.

Good luck in your future. You did the right thing but not the easy thing.
lastpost
see biography
01:13 PM on 01/30/2013
“To Blow Or Not to Blow?”
Blow me if the oddest thing of all isn’t that, doing the job properly would be a lot less enervating than keeping a lid on all the chicanery.

“cue the slings and arrows”
and the distant sound of Sir Dave of Cameron ridding to the rescue. With his battle cry of: ‘If only protection for those prepared to speak up existed, we wouldn’t be up to our codpieces in this financial morass’.

“The onslaught is inevitable”
If you can keep your head, while all about are cutting off their customers‘ to spite their own firm’s future prospects. You’re probably well out of it, and able to sleep nights.

“regulators and politicians”
What would we do without them? Silly question, we practically are.

“a full investigation”
is like a cancer scan. Time is of the essence.

“Insouciance”
Ignorance may be bliss, but its no substitute for forethought.

“Expecting overnight change”
All/any advances made at Davos count for nought, if some are busily undoing it in darkcornos.

“law wholly on the side of the banks and corporations”
Worse still, the unexplained ability to rewrite legislation to render the illegal legal. Leaving eventual collapse of a corrupted system, the single unavoidable penalty.

“other countries' attempts to belatedly redress the situation.”
Wings clipped in own country. US legal eagles seek intuitions elsewhere, to swoop/poop on.

“Thanks in part to gagging orders”
material for ‘fiction’ best sellers and blockbusting movie scripts, must be legion.
11:28 AM on 01/30/2013
Really frightening. Sorry for your misfortune. Silly question: I guess you had already tried anonymous leaks to the media and UK Competition Commission?
11:53 AM on 01/30/2013
Thanks - first and foremost I approached my bosses, and then went higher up the food chain at my firm when nothing appeared to be being done, and then - when the first regulator, Ofgem, were belatedly and half-heartedly approached by my bosses and seemed both powerless and disinterested (as per this audio recording: http://www.guardian.co.uk/business/video/2012/nov/14/gas-prices-whistleblower-ofgem-video ) I decided to go to the FSA and to utilise the press to put pressure on the regulators to take firm and swift action... whether they will or not is anyone's guess... though given their behaviour at the beginning of the affair - http://www.guardian.co.uk/business/2012/nov/14/ofgem-energy-price-fixing-allegations - i'm not holding my breath...
photo
vividrick
I came, I saw...I had a cup of tea!
11:28 AM on 01/30/2013
We need more whistleblowers, not more sheep that tow the party line at the expense of people they're meant to help. And they need protection first & foremost.
photo
HUFFPOST SUPER USER
Ben Wilson
What's the story mourning Tories?
11:06 AM on 01/30/2013
You're a legend, and I hope things work out for you. You did right by the people and we owe you. I wish I was in a position to help you.
photo
HUFFPOST SUPER USER
DaveJohnWard
08:50 AM on 01/30/2013
So much for the legal protection of whistleblowers