Whistleblowing in Kuwait and UK against Corruption and Misconduct
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IJLMA
60,4
1020
Received 20 May 2017
Revised 20 May 2017
Accepted 28 May 2017
International Journal of Law and
Management
Vol.60 No.4,2018
pp. 1020-1033
©Emerald PublishngLimited
1754-243X
DOI 10.1108/JJLMA-052017-0119
Whistleblowing in Kuwait and UK
against corruption and misconduct
Faisal Al-Haidar
Kuwait University, Kuwait
Abstract
Purpose - This paper aims to explore the nature and the scope of whistleblowing in Kuwait and in the UK.
Whistleblowing is when a person, usually an employee, in a government agency or private enterprise,
discloses information to the public or to those in authority, of mismanagement, corruption or other
wrongdoing. Due to the unpredictable consequences of whistleblowing, it is probable that many employees
who witness wrongdoing do not consider blowing the whistle, because they fear the impact of such action on
their relationship with their employers.
Design/methodology/approach - The author evaluated the whistleblowing systems in different
countries. He first tackled the nature of whistleblowing in general, proceeded to analyse whistleblowing in
Kuwait with mentions from other countries and finally evaluated the whistleblowing process in the UK.
Findings - The whistleblowing situation in the UK is clearer than that in Kuwait. Recent improvements
have been made in the UK to protect whistleblowers. In the UK, the whistleblowing law under the Public
Interest Disclosure Act 1998 came into force in July 1999 to protect whistleblowers. Kuwait also has had some
improvements, which were seen to offer legal protection for those raising concerns about corruption under
Law no. 24 of 2012. However, the author recommends that the Kuwaiti Government should give more
protection to whistleblowers, and there is a need to protect the whistleblowers.
Originality/value - Potential whistleblowers might feel discouraged from disclosing information against
their organisation, fearing a backlash against them. This is where the law and the rights of employees must be
clarified. This paper will, therefore, evaluate the system of whistleblowing in the UK under the Public Interest
Disclosure Act 1998 and examine this against the whistleblowing law in Kuwait under the Whistleblowing
Act no. 24 of 2012.
Keywords Employment, Whistleblower, Corruption crimes, Public interest disclosure,
Whistleblowing law
Paper type Research paper
Introduction
A whistleblower is protected by law, which is called Public Interest Disclosure Act 1998
(PIDA) in the UK. For example, the whistleblower should not be treated unfairly or lose his/
her job because the whistleblowers blow the whistle[1].
Whistleblowing can highlight the following (Vickers, 2002):
- deliberate acts of criminal offence, such as fraud and corruption;
reckless endangerment to health, safety and to the environment;
a miscarriage of justice;
a breach of law by an organisation, e.g. not having the right insurance; and
- a belief that someone is concealing wrongdoing.
Whistleblowing can also be variously explained as an internal conflict management tool, an
anti-corruption mechanism (Francis and Armstrong, 2011) and an act of free speech.
Whistleblowing is considered the act of exposing a perceived organisational wrongdoing, by](ViewImageLocal?handle=hein.journals/ijlm60&div=73&collection=&method=preview&ext=.png&size=3)
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Whistleblowing in Kuwait and UK against Corruption and Misconduct
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