Skip to Main Content

Whistleblowing: Law and Practice (4th edn)

Online ISBN:
9780191943416
Print ISBN:
9780192848093
Publisher:
Oxford University Press
Book

Whistleblowing: Law and Practice (4th edn)

Jeremy Lewis,
Jeremy Lewis
Barrister, Littleton Chambers
Find on
John Bowers QC,
John Bowers QC
Principal, Brasenose College, Oxford
Find on
Martin Fodder,
Martin Fodder
Barrister, Littleton Chambers
Find on
Jack Mitchell
Jack Mitchell
Barrister, Old Square Chambers
Find on
Published online:
17 November 2022
Published in print:
6 May 2022
Online ISBN:
9780191943416
Print ISBN:
9780192848093
Publisher:
Oxford University Press

Abstract

This book has been substantially updated since the previous edition, reflecting major case law developments. Chapter 1 introduces the work and considers significant proposals for reform and the new EU Whistleblowing Directive. Part 1 then sets out the statutory framework for the protection of whistleblowers under the Employment Rights Act. Chapter 2 sets out the structure of the UK legislation, and principles of construction, as a matter of domestic law. Chapter 3 describes the interface between whistleblowing protection and the interpretive requirement to conform with the European Convention on Human Rights (Chapter 3). There are two chapters. The first, on extra-territoriality (Chapter 8), covers material previously included within what is now Chapter 7 but also includes consideration of the position post-Brexit. The second addresses the important considerations which arise in relation to privilege and judicial immunity (Chapter 14). Part 2 (Chapters 15 to 20) deals with whistleblowing-related issues beyond the specific legislative scheme and also, in Chapter 17, section 43J ERA which makes void and provision in an agreement with a worker which would preclude protected disclosure. The final part of the book considers practical aspects of whistleblowing protection. Chapter 21 considers significant developments on the approach to this in the Health and Financial Services sectors, including the new provisions in the ERA prohibiting discrimination on the ground of protected disclosures against NHS applicants (and though not yet in force applicants in Children Social Care). Chapter 22 then considers whistleblowing policies more broadly, and the interface with data protection requirements. Finally, the Appendices include an illustrative case study, a survey of awards in relation to injury to feelings and aggregated damages (to be read with Chapter 12 on Remedies), and precedents relevant to whistleblowing claims.

Contents
Close
This Feature Is Available To Subscribers Only

Sign In or Create an Account

Close

This PDF is available to Subscribers Only

View Article Abstract & Purchase Options

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

Close