Help Me Root Out The Lack of Transparency in the Utility Sector

by Greg Pytel

Help Me Root Out The Lack of Transparency in the Utility Sector

by Greg Pytel
Greg Pytel
Case Owner
Help Me Root Out The Lack of Transparency in the Utility Sector
Closed
on 18th October 2018
£70
pledged of £2,500 target from 3 pledges
Greg Pytel
Case Owner
Help Me Root Out The Lack of Transparency in the Utility Sector

Have you ever thought why, every now and then, a private company making profits for the benefit of private shareholders, but providing public services paid for by taxpayers, goes bust with massive losses and taxpayers have to pick up the pieces at a huge expense?

Have Carillion cropped up to your mind? As the BBC reported this collapse came as seemingly unexpected, whilst there were those who knew for a long time that the collapse was inevitable. And why those who knew it was inevitable didn’t come forward and save taxpayers hundreds of millions, if not billions, of pounds? Have you thought about it and how much it cost you?

[I have agreed with CrowdJustice, my solicitors Bindmans LLP and the whistleblowing charity Protect (formerly Public Concern At Work) that any funds which are raised as part of this campaign but not subsequently incurred in legal fees will be donated to Protect at the conclusion of my case. Protect (formerly Public Concern At Work) provides free legal advice for whistleblowers.]

Have you ever thought why energy prices are so high and despite major action taken by the authorities, OFGEM and the Competition and Markets Authority, not much is changing in this respect?

The concept of “Revolving doors” between politics and business is well acknowledged. We can’t stop people changing jobs. But how can we put a finger on all those real practices which cost us all billions of pounds a year?

It’s the role of whistleblowers - those who are prepared to disclose wrongdoing in their organisations - to help to draw attention to that wrongdoing.  In theory, we have laws to protect whistleblowers. But not all whistleblowers are protected.  Some are gagged and criminalised if they speak up. 

My case

I am one of those whistleblowers.  I raised concerns about OFGEM, where I worked on the smart meter project.  I can’t tell you what those concerns were, because if I were to do so I would be committing a criminal act for which I could go to prison for two years.

My case at the Employment Appeal Tribunal is about changing this. Currently, Section 105 Utilities Act 2000 criminalises civil servants who try to report any wrongdoing outside the regulatory and government setting, or who want to have their cases heard in court. This provision of the law has the effect of sweeping such concerns under the carpet. It’s a denial of justice.

My case is about concerns I raised while working at OFGEM, and the repercussions I suffered as a consequence of doing so.  Using section 105 Utilities Act 2000, OFGEM has refused to disclose the documents needed for my case to be heard.  The Employment Tribunal dismissed this argument, agreeing with me that it was a breach of my right to a fair trial, and ordering the documents to be disclosed.  But OFGEM appealed that ruling to the Employment Appeal Tribunal.  I am defending that appeal, in order to allow my case to be heard and justice to be reached. 

Why is this case important?  

But this isn’t just about me.  It’s about giving whistleblowing rights to those who currently don’t have any. In the energy sector alone, there are up to 700,000 workers who are caught – almost certainly without their knowledge – by section 105.  They will all benefit if my case is successful by having their legal protections to whistleblowing restored.

More than that, taxpayers and energy consumers – everyone in the UK - will also benefit from the whistleblowing legislation working as advertised in granting legal protection for whistleblowers in the utilities sector – protection which my case demonstrates currently doesn’t exist.

Why am I raising funds?

I have already been litigating this matter for two years. My legal team – Bindmans LLP and Paul Michell and Rachel Barrett at Cloisters Chambers – are specialist whistleblowing lawyers, and they have been successful in my case to date.  I also have the full support of Protect, the main whistleblowing support organisation.  But I don’t have the resources that OFGEM has, with the full weight of the government and energy industry behind them.

I have agreed with CrowdJustice, my solicitors Bindmans LLP and the whistleblowing charity Protect (formerly Public Concern At Work) that any funds which are raised as part of this campaign but not subsequently incurred in legal fees will be donated to Protect at the conclusion of my case. Protect (formerly Public Concern At Work) provides free legal advice for whistleblowers.

I am determined to see this through, but I cannot do this on my own.  

I need your help please contribute and share this page now. 


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