Whistleblowing/Public interest disclosures

New and updated

• Date:

  18 August 2006

  Type:

  Employment law cases

  Whistleblowing update

  Legislation protecting whistleblowers was introduced seven years ago. This article reviews the legislation and considers some of the substantial body of case law arising out of it. It also looks at the components of an effective whistleblowing policy.

• Date:

  18 August 2006

  Type:

  Employment law cases

  Public interest disclosures: Subjecting whistleblower to post-termination detriment may give rise to liability

  In Woodward v Abbey National plc [2006] EWCA Civ 822 CA, the Court of Appeal held that statutory protection against being subjected to detriment for making a protected disclosure is not limited to the duration of the employment contract but extends to cover detriment imposed by an employer on its former employee.

• Date:

  24 March 2006

  Type:

  Employment law cases

  Public interest disclosure: Compensation for whistleblower's detriment to date of dismissal

  In Melia v Magna Kansei Ltd, the Court of Appeal holds that where an employee has been subjected to detriment for having made a protected disclosure and then resigned claiming constructive dismissal, compensation for injured feelings should be assessed over the entire period up to the date of termination.

• Type:

  FAQs

  How can an employer ensure that its employees are able to raise any concerns that they have about failures or wrongdoing within the organisation?

• Date:

  3 September 2004

  Type:

  Employment law cases

  Public interest disclosure: Meaning of "good faith" in whistleblowing provisions

  In Street v Derbyshire Unemployed Workers' Centre, the Court of Appeal holds that an employment tribunal had been correct to find that an employee's "whistleblowing" disclosure was not made in good faith because, although she believed her allegations to be true and did not make the disclosure for personal gain, her motivation for making it was personal antagonism towards the subject of the disclosure.

• Type:

  Employment law cases

  Case round-up: whistleblowing

  This week's case round-up from Eversheds: covering whistleblowing.

• Type:

  Employment law cases

  Case round-up: mobility clauses and "protected" whistleblowing disclosures

  This week's case round-up from Eversheds, covering: mobility clauses and "protected" whistleblowing disclosures.

• Date:

  10 January 2003

  Type:

  Employment law cases

  Public interest disclosure: Statutory elements of "protected disclosure" must be proved

  Where, in a protected disclosure case, the employee had not served the requisite qualifying period to bring an unfair dismissal complaint, the critical issue for the tribunal is whether or not the protected disclosure provisions in the Employment Rights Act 1996 have been satisfied on the evidence, and not substantive or procedural unfairness, which would have been the central issue in a claim for "ordinary" unfair dismissal, the Court of Appeal holds in ALM Medical Services Ltd v Bladon.

• Date:

  11 March 2002

  Type:

  Employment law cases

  Public interest disclosure: Breach of employment contract can be a protected disclosure

  In Parkins v Sodexho Ltd, the EAT holds that a protected disclosure for the purposes of s.43B Employment Rights Act 1996 can relate to a breach of the employee's own contract of employment.

• Type:

  Employment law cases

  Tribunal may leave some stones unturned

  The Court of Appeal gives important guidance on how far tribunals need to go in exploring the circumstances of a claim. Plus cases on protected disclosure, redundancy selection, discrimination by an agent, working time exemptions and constructive dismissal.