Whistleblowing and Theories of Accountability: A Case Study of Barclays CEO
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This report discusses the case of Barclays CEO who was fined for trying to breach the standards permitted. The report explores the concept of whistleblowing and theories of accountability such as legitimacy theory, stakeholder theory, and social contract theory.
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Accounting Executive Summary With the help of change in the regulations there has been a huge development in the reporting of wrong doing. Further, the presence of mechanism such as whistle blowing, the wrong practices can be reported without having any personal involvement. In the present report, the case of CEO of Barclays has been projected where the CEO was fined for $1.1 m when he tried to breach the standards permitted. The entire report is based on whistle blower, theories that deals with such acts. 2
Accounting Contents Introduction...........................................................................................................................................4 i.Facts of the case & whistleblower.................................................................................................4 ii.Attempt to Expose the whistleblower...........................................................................................5 iii.Legitimacy theory..........................................................................................................................5 iv.Stakeholder theory........................................................................................................................5 v.Social contract theory....................................................................................................................6 vi.Compare, contrast and Evaluate....................................................................................................6 Conclusion.............................................................................................................................................8 3
Accounting Introduction The case pertains to the CEO of Barclays and the hefty fine imposed on him when he tried to trace the whistleblower. The person highlighted various issues pertaining to the personal nature that had Main and Staley’s role in managing the concern at JPMorgan. Such issues were highlighted and in the light of this various theories have been studied and linked. The British authorities slapped a fine of 642,430 pounds($1.1 million) on Staley when he breached the act of finding the whistleblower. i.Facts of the case & whistleblower The case refers to the CEO of Barclays where the CEO was fined for $1.1 m as he tried to breach the standards permitted. The case refers to the year 2016 where the board of Barclays received an anonymous letter that raised concerns regarding the recruitment of the Staley’s former colleague at JPMorgan Chase. The contact highlighted various issues pertaining to the personal nature that included Main and Staley’s role in managing the concern at JPMorgan. In tune to this, when Staley learnt about the matter then he attempted to trace the whistle- blower that was completely unethical in nature (Morris & Gloveer, 2018). It was altogether inappropriate for the CEO to perform such activities as CEO should frame examples to other rather being involved in an inappropriate act. For breaching the act and try to trace the whistleblower, Staley was slapped a fine amounting to 642,430 pounds($1.1 million) by the British authorities. A whistleblower can be defined as a person that comes forward and share the knowledge on the wrongdoing that exists in the organization or in a particular department. A whistleblower can be an employee, a supplier or anyone who is aware of the illegal happenings. It is imperative and vital that the whistleblower should be protected from losing the job or getting treated in a poor manner. The companies have specific laws that guide and protect the employees at large. A whistleblower can register a lawsuit or a complaint with the higher authorities that will trigger a criminal investigation against the company or the department that is engaged in it. Whistleblowing is a powerful mechanism that helps to reveal the happenings that are unethical or against the fair practices (Fraser, 2011). Hence, it can be said to be a potent weapon in the hands of the aggrieved party as it leads to the projection of the mishappenings. 4
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Accounting ii.Attempt to Expose the whistleblower The Barclay CEO was trying to expose the whistleblower because the whistleblower is always provided with a safeguard in terms of existence. Further, the whistleblower raised concerns over the company CEO and his colleague Main. As the contact led to reveal the various issue that was of personal nature and existed between Main and Staley, it might have knocked the thoughts of Staley. The CEO might be apprehensive of the fact that furthermore, details could be available with the whistleblower and if such matters are brought to the forefront then such a happening will leads to massive downfall (Morris & Gloveer, 2018). In tune to this, Staley tried to know the existence of the person who was engaged in bringing such matter to light. iii.Legitimacy theory Whistleblowing is a system designed to protect the society. The legitimacy theory can be linked with the whistleblowing concept. The legitimacy theory denotes that there is a social contract between the organization and the society in which the operation is done. hence, corporation and the CEO should try to legitimize the actions by engaging in activities that so that the society is benefitted as it will lead to regular existence. The legitimacy theory comes from the notion that the corporation should continue the operations successfully and act within the rules and regulations. However, it has been noted in the case of Barclay's CEO that the role of CEO was under the scanner when it comes to JPMorgan. Hence, the role played by the CEO was not legitimate in nature. It is essential for the CEO to act in a manner that provides an example and leads the company. However, the CEO failed to follow the norms and was engaged in personal motives that lead to the issue. iv.Stakeholder theory The stakeholder theory can be used in the case of a whistleblower because organizations are not only accountable to the shareholder but the interest of the stakeholders should be considered. The stakeholder theory is utilized to evaluate the group to whom a firm should be responsible. Therefore, considering this statement it can be said that the whistleblower can be effective when the organization is accountable to the society at large. The stakeholder theory embraces the organization and plays an active role in the operations. It is being asserted that corporations should understand the impact of the action upon stakeholders who have a stake 5
Accounting in the organization. The stakeholder theory provides a general reflection on the managerial and ethical branches (Gagnier, 2010). This theory ensures that the organization should have a responsibility towards the stakeholders and hence, the whistleblower is an important mechanism that safeguards the interest of the related parties. This states that the stakeholders must have the knowledge of the social and environmental implication. Further, the stakeholder theory stress upon the benefits of the organization and whistleblower is an important mechanism that enables a protection. v.Social contract theory Social contract theory is another theory that views the business, as well as the relationship of the society from the philosophical thought. Hence, this theory is important in the sense that the regulator wants the CEO to be accountable. There is a presence of a social contract between the business and the society and this contract leads to obligations of the business towards the business (Kacperczyk, 2009). Therefore the CEO must act with precision and adheres to the regulations. Any violation of the rules will lead to a problem with the society. This theory paves the way for the CEO and ensures that the firm is responsible to the society. Society is an integral part and this theory ensures that the CEO and the firm adopts a mechanism that is directed towards the well being of the society (Parker,Guthrie& Linacre, 2011). The function of the business organization should happen in a manner that satisfies the need of the society. The societal approach tends to be a strategic response to the changing scenario and the challenges undertaken by the company. Hence, this theory is important and regulator stress upon this theory as it is directed towards the well being of the society (Edward &Moutchnik, 2013). Any violation of this leads to the violation of the principle. Overall, the CEO can be accountable by dint of the social contract theory. Therefore, social contract theory is well directed towards the benefit of the society and ensures that the CEO acts in the best interest of the company by following the regulations. vi.Compare, contrast and Evaluate When it comes to the legitimacy theory, it can be commented that the theory views the society as a whole, on the contrary, the stakeholder theory ascertains some group that is selective in nature within the society so that it can be more powerful. When it comes to the matter of CSR accounting, intellectual capital and environmental disclosure fix well into the legitimacy theory (Parker,Guthrie& Linacre, 2011). The legitimacy theory is based on the perception of the society; management is influenced to disclose the information that changes 6
Accounting the external user. The legitimacy theory is appropriate for corporations that have an established in the developed countries (Pittroff, 2011). On the contrary, through the stakeholder theory, the company is able to target the CSR disclosures towards them who needs to manage the links with the other stakeholders. Social contract theory is another important theory that helps the business to determine the relationship between the philosophical end of the view (Bauer & Hann, 2010). This theory is of utmost importance from the regulator point of view. Lastly, the social contract theory is another important consideration because it sheds light on the society links from the philosophical end. This theory resides in the notion that the social contract should be established in a proper manner (Pittroff, 2011). This theory coins the fact that the CEO must act in the best interest of the company as a society is a vital part of the organization. This theory helps the organization to prosper and leads to a strong functioning of the organization. The societal approach can be said to be the response that helps in changing the scenario and the challenges that is being undertaken (Parker,Guthrie& Linacre, 2011). 7
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Accounting Conclusion Hence, from the discussion, it can be noted that all the three theories have a dominant role in shaping the destiny of the organization. An organization functions with the aim of earning a profit and providing a strong support to the society. With the aid of the theories mentioned above, it can be seen that the theories help the organization to function in a formidable manner and remain answerable to the society (Hemmer & Labro, 2008). Further, it is vital for the regulators and CEO to ensure that the theories are used and applied with precision because it is directly associated with the well being of the company. 8
Accounting References Bauer, R & Hann, D. (2010)Corporate environmental management and credit risk. Maastricht University. Edward F & Moutchnik, A. (2013).Stakeholder management and CSR: questions and answers.Oxford Press Fraser, C (2011).The Oxford Handbook of World Philosophy. Oxford University Press Gagnier, R (2010).Individualism, Decadence and Globalization: On the Relationship of Part to Whole.Palgrave Macmillan. Hemmer, T & Labro, E. (2008) On the optimal relation between the properties of managerial and financial reporting systems,Journal of Accounting Research.46,1209–1240. Doi: https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1475-679X.2008.00303.x Kacperczyk, A. (2009) With greater power comes greater responsibility? Takeover protection and corporate attention to stakeholders.Strategic Management. 30, 251–285. Doi: https://doi.org/10.1002/smj.733 Morris,S and Glover, J. (2018)Got away lightly': Barclays CEO fined $1.1m after trying to expose whistleblower. Available from:https://www.smh.com.au/business/banking-and- finance/got-away-lightly-barclays-ceo-fined-1-1m-after-trying-to-expose-whistleblower- 20180512-p4zew0.html Parker,L.D,Guthrie,J andLinacre,S. (2011) The relationship between academic accounting research and professional practice.Accounting, Auditing & Accountability Journal. 24(1), 5-14,Doi:https://doi.org/10.1108/09513571111098036 Pittroff, E. (2011)Whistle-Blowing Systems and Legitimacy Theory: A Study of the Motivation to Implement Whistle-Blowing Systems in German Organizations.Journal of Business Ethics,124(3), 399-412. Available from:https://www.jstor.org/stable/24033279 9