Ofgem has issued a response to reports which accuse the regulator of trying to “silence” two whistleblowers who purportedly raised concerns about projects worth “billions” of pounds.
A spokesperson for Ofgem said: “We have very few employment tribunal matters, and in the last five years only one where we have had to consider the application of section 105 Utilities Act 2000 on disclosure to the tribunal.
“In another instance involving Ofgem, section 105 of the Utilities Act has been raised by another party.
“In carrying out our duties as the energy regulator, Ofgem handles a large amount of information from consumers and businesses which is often both personal in nature and commercially sensitive.
“With the exception of a few prescribed circumstances, section 105 of the Utilities Act 2000 prohibits the disclosure of the information we receive. Section 105 is intended to ensure that consumers and businesses can share their information without fear that it may be subsequently disclosed. Ofgem takes our obligations under law very seriously, including the restrictions in section 105.
“Ofgem adheres to its whistleblowing policy which encourages staff to report suspected wrongdoing as soon as possible, in the knowledge that their concerns will be taken seriously, investigated and they will be treated fairly.”
According to a report in The Guardian on Monday (17 September) two men who do not know each other and work in two different areas of Ofgem raised concerns about major projects they were working on between 2014 and 2017.
The pair claim they were warned by Ofgem that their disclosures were a breach of section 105 of the Utilities Act 2000.
If breached, the act can lead to potential jail sentences.