Whistleblowing

Practice notes

Interim relief in unfair dismissal

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Apr

Practice notes

Entitlement to claim whistleblowing

This Practice Note considers the entitlement of workers to bring claims in respect of whistleblowing when they have suffered detriment and/or...

9th Apr

Practice notes

Whistleblowing defences and exceptions

Although coverage of the whistleblowing provisions is very broad, a small selection of persons are partly or wholly excluded from the right to bring a...

9th Apr

Practice notes

Whistleblowing—protected disclosures

UPDATE: On 21 July 2019, following its consultation on ‘Confidentiality clauses: measures to prevent misuse in situations of workplace harassment or...

9th Apr

In-house

Practice notes

Types of whistleblowing claim

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Implementing a global corporate whistleblowing policy: data protection issues

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Pulina Whitaker and Lee Harding of Morgan, Lewis & Bockius LLP 18th Mar

Practice notes

Whistleblowing remedies

This Practice Note considers the remedies that are available for whistleblowing unfair dismissal claims and for claims of whistleblowing...

15th Mar

Practice notes

Whistleblowing—UK regulatory issues

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the...

12th Mar

Practice notes

FCA and PRA whistleblowing requirements—one minute guide

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the...

Produced in partnership with DLA Piper 26th Feb

Precedents

Policy and procedure—whistleblowing

UPDATE: This Precedent does not take into account special requirements that apply to relevant firms (UK deposit-takers with assets of £250m or...

22nd Feb

Precedents

ET3 grounds for resisting claim—detriment: protected disclosure to a prescribed person

[Insert in para 6.1 of claim form ET3:]1[It is denied that the[ First] Respondent subjected the Claimant to a detriment within the meaning of the...

11th Feb

Precedents

ET3 grounds for resisting claim—detriment: protected disclosure to journalist

[Insert in para 6.1 of claim form ET3:]1It is denied that the Respondent subjected the Claimant to a detriment within the meaning of the Employment...

11th Feb

Precedents

ET1 grounds of claim—detriment: protected disclosure to prescribed person

[Insert in para 8.2 of claim form ET1:]1The Claimant is employed full-time by the Respondent as a shop floor operative. He is hourly paid. The...

11th Feb

Precedents

ET1 grounds of claim—detriment: protected disclosure to employer

[Insert in para 8.1 of claim form ET1:]1The Claimant is employed in the planning department of the Respondent local authority. On [insert date], he...

11th Feb

Q&As

Can an employee bring a claim for unfair dismissal on the basis of protected disclosure (whistleblowing), where the employer dismissed the employee because he erroneously believed the employee had made a disclosure that was not a protected disclosure?

Under section 103A of the Employment Rights Act 1996 (ERA 1996), an employee is to be regarded as (automatically) unfairly dismissed ‘if the reason...

11th Feb

Q&As

In relation to a whistleblowing claim, is a verbal statement capable of being a protected disclosure, and if so, what factors will an employment tribunal take into consideration in determining whether or not a particular disclosure is protected?

This Q&A presupposes that (i) a disclosure was made, verbally (orally); (ii) that disclosure was said to be the reason for either a dismissal or a...

Produced in partnership with Russell Bradley of Ampersand 11th Feb

Q&As

Can an employee bring claims for whistleblowing detriment and victimisation in the employment tribunal against a co-worker, without also bringing a claim against their employer?

Whistleblowing detrimentA worker (W) has a right not to be subjected to any detriment by any act, or any deliberate failure to act, done by another...

11th Feb

Q&As

In an unfair dismissal whistleblowing claim, if the employee secures alternative employment which then comes to an end (through no fault of the individual), does this break the chain of causation?

As set out in Q&A: An unfairly dismissed employee is under a duty to make reasonable efforts to obtain alternative employment to minimise, or...

11th Feb

Q&As

Can an employer’s failure to comply with the terms of its own grievance procedure (eg to take too long to deal with the grievance) amount to a detriment for the purposes of a whistleblowing claim, and what is the time limit to bring such a claim?

A worker has a right not to be subjected to any detriment by any act, or any deliberate failure to act, by their employer, done on the ground that the...

11th Feb

Q&As

Can an employee lawfully refuse to return documents containing their employer’s confidential information that they have taken to evidence the employer’s criminal conduct (eg tax evasion) as part of a potential whistleblowing claim?

A whistleblowing claim may be made by an employee if they are dismissed or suffer a detriment because they have made a protected disclosure. Protected...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Feb

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