Whistleblowing: Law and Practice (4th edn)
Whistleblowing: Law and Practice (4th edn)
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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.
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Front Matter
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1
Introduction
Jeremy Lewis and others
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Part I Protecting Whistleblowers-The Employment Rights Act
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2
Overview of the Protected Disclosure Provisions and Related Protections
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3
Interpretation and the European Convention on Human Rights
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4
Qualifying Disclosures of Information
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5
The Public Interest Test
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6
The Three Tiers of Protection
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7
Who Is Protected under PIDA?
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8
Workers Whose Employment Is Not Confined to England and Wales
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9
The Right Not to Suffer Detriment
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10
Vicarious and Individual Liability
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11
Unfair Dismissal for Making a Protected Disclosure
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12
Remedies in Dismissal and Detriment Claims
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13
Employment Tribunal Procedure and Alternative Dispute Resolution
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14
Privilege and Immunity
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2
Overview of the Protected Disclosure Provisions and Related Protections
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Part II Whistleblowing Law Beyond the Employment Rights Act
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15
Protection of Workers Beyond the Statutory Scheme: Contract, Tort, and Judicial Review
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16
Obligations to Blow the Whistle
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17
Obligations to Maintain Confidentiality, Rights to Privacy, and Whistleblowing
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18
Protection of the Identity of Informants
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19
Whistleblowing and Copyright
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20
Defamation (Contributed by Antonia Foster, Partner, Carter-Ruck Solicitors)
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15
Protection of Workers Beyond the Statutory Scheme: Contract, Tort, and Judicial Review
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Part III Whistleblowing in the Health and Financial Service Sectors
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Part IV Rules, Policies, Procedures, and Data Protection
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End Matter
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