Damned if I do and damned if I don’t!

Posted on August 19, 2011 by


Today we’re delighted to feature another new guest blogger to The UP Blog – Mr Brian Rogers, Partner at Lewis Hymanson Small LLP in Manchester, who is discussing the issues surrounding reporting potential regulatory problems.


“Damned if I do and damned if I don’t!”  – It’s a phrase often used by people at work who feel they are caught in a conflict situation and don’t know which way to turn; it is a position that all employees, not just managers, could find themselves in!

With the recent implementation of the Bribery Act 2010, and the introduction of compliance officers into law firms early next year, more and more people are going to find themselves in potential conflict positions when responsible for reporting potential regulatory problems.

What will employees do when they come across something that is wrong and should be reported, not just to senior management but also to a regulator, but realise that to do so could risk damaging their future careers if their decision to report is challenged?

Problems with being able to report both internally and externally could ultimately lead to instances of whistleblowing, and the knock-on issues surrounding these. Whatsmore, the sanctions for not reporting could be very damaging and costly, not only for the individuals but also for the organisations involved. Therefore it is essential that organisations have effective systems and well thought out policies in place that deal with reporting, communication, conflict, etc.

If employees are placed in positions where they have to make regulatory reports then they must be able to do so safe in the knowledge that they are only doing what is being required of them, they are after all, just trying to protect the business they are working in!

A little about Brian

Brian is a non-lawyer Partner at Lewis Hymanson Small LLP, and has been a senior executive within the legal profession for 20 years; he has substantial HR experience and uses this when helping clients to implement employment law into an operational HR environment.

Brian presents numerous management and regulatory seminars for a number of law societies and professional groups around the country and is regularly asked to contribute articles to a variety of publications.

Brian is a Council member and Chairman of the Regulatory Affairs Committee of Manchester Law Society and is the first non-lawyer in the country to hold such a position.

About Lewis Hymanson Small LLP

LHS is a full service commercial law firm with a national and international client base; clients range from private individuals requiring advice on employment, property, wills & probate, etc., to companies requiring advice on employment law, mergers & acquisitions, company agreements, litigation, etc.

LHS also deals with cases involving regulatory issues, advising a number of regulated professions; the firm represents the Police Superintendents Association, and has been involved in high profile cases like the Diana, Princess of Wales Inquiry, Victoria Climbie Inquiry and the Raoul Moat shooting.