CEO of Barclays Bank Plc Reprimanded Over Attempts to Identify Whistleblower

The Facts

Jes Staley, the CEO of Barclays Bank Plc, has been reprimanded for trying to uncover the identity of an internal company whistleblower and the matter is now being investigated by the Financial Conduct Authority (FCA). It also appears that Mr Staley will be docked a significant proportion of his annual bonus (figures in excess of £1m are being reported).

The Bank's whistleblowing policy offers anonymity to whistleblowers. Following an anonymous complaint that the Bank dealt with under its whistleblowing policy, Mr Staley made efforts to identify the person behind the complaint. His actions were brought to the Board's attention by another employee, who raised a separate whistleblowing complaint about the matter.

When Mr Staley's actions were brought to the Board's attention it commissioned an independent investigation and reported the matter to the FCA. As reported above, it also reprimanded Mr Staley.

There has been a great deal of press coverage on the matter, with many commentators highlighting the potential damage that Mr Staley's actions could have on the confidence of others in Barclays and the wider financial industry to blow the whistle. But what lessons does the story have for employers generally?

Best Practice

• All employers should have a written whistleblowing policy, with a commitment from senior management to implement it and carry out regular reviews
• The policy should contain an assurance that anyone raising a complaint will not suffer a detriment for having done so (unless the worker knew that the information being communicated was false)
• The policy should also make it clear that the worker's identity will be kept confidential if this is what the worker wants (unless disclosure is required by law)
• Any worker who believes that they are being subjected to a detriment as a result of blowing the whistle should be encouraged to report this
• Whilst it is clearly better if an employee puts their name to a complaint, if an anonymous complaint is received the organisation should do the best it can to establish whether there is any substance to the concerns
• Above all, everyone within an organisation, from the CEO down, should comply with the terms of the written policy

For more information, please contact Michael Halsey in our Employment Law team on 020 7665 0842.