Project risk management practitioner Stephen Cresswell’s contract was not renewed in 2022 after warning management that the railway project’s costs were being misrepresented, the tribunal heard.
Cresswell told the tribunal that an executive at HS2 told him to “disregard” his forecasts of an increase in the cost of the railway project. Cresswell claimed that his contract was not renewed due to his whistleblowing.
He was awarded compensation due to a lack of protection given by HS2 when raising whistleblowing concerns.
Whistleblowers need to know that when they raise concerns, those concerns will be taken seriously, explained Andrew Pepper-Parsons, director of policy at whistleblowing charity Protect.
He told HR magazine: “HR leaders need to ensure that staff are aware of how to speak up at work, and their options regarding staying anonymous or making a confidential disclosure.
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“Organisations with the most successful systems lead from the top, prioritise their workplace cultures and give staff the confidence that there is no tolerance for contravening company values.
“Employers should introduce and explain their whistleblowing policy as part of their staff induction programme. A clear and transparent policy fosters an open work culture, showing employees that misconduct will not be tolerated. It also demonstrates that those who raise whistleblowing concerns will be supported, and action will be taken to investigate.
"However good the policy is, it needs to be backed up with training – staff need to know how to raise a concern, and managers should know what to do when a member of their team comes to them.”
According to the Mail Online, leaders of HS2 said in a statement: “HS2 Ltd has accepted that Mr Cresswell raised concerns as a whistleblower and was not then given the appropriate level of protection when his contract came to an end. This is regrettable and HS2 Ltd is committed to ensuring that staff and others can raise concerns in confidence.
“This admission does not mean that HS2 Ltd accepts the specific allegations around cost estimating practices raised by Mr Cresswell. However, the company is now under new leadership and a comprehensive review of its skills and structures is being carried out.”
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HR professionals need to act with caution when dismissing or ending the contract of a whistleblower, added Wim Vandekerckhove, professor of business ethics at EDHEC Business School, London.
Speaking to HR magazine, he said: “At some point, HR received the instruction not to renew Mr Cresswell's contract. Did HR check what the grounds were for not renewing his contract? If HR knew that Mr Cresswell had raised legitimate concerns, then HR made a professional mistake. If HR did not know of the legitimate concerns, then HR did not apply enough professional caution. Hence, whatever the situation, HR leaders need to insist on HR professionalism.
“Top management acknowledged Mr Cresswell's concerns were legitimate, but this did not trigger adequate protections from HR. Without this crucial link, internal whistleblowing procedures cannot be credible.”
