Whistleblowing

Practice notes

Interim relief in unfair dismissal

Interim relief in unfair dismissalCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...

28th Jul

Precedents

Policy and procedure—whistleblowing

Policy and procedure—whistleblowingUPDATE: This Precedent does not take into account special requirements that apply to relevant firms (UK...

6th Jul

Precedents

Policy and procedure—whistleblowing (short form)

Policy and procedure—whistleblowing (short form)UPDATE: This Precedent does not take into account special requirements that apply to relevant firms...

6th Jul

Practice notes

Implementing a global corporate whistleblowing policy: data protection issues

Implementing a global corporate whistleblowing policy: data protection issuesCompanies must find a reliable method of identifying and correcting any...

Produced in partnership with Pulina Whitaker and Lee Harding of Morgan, Lewis & Bockius LLP 1st Jul

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?

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

24th Jun

Practice notes

Whistleblowing—protected disclosures

Whistleblowing—protected disclosuresUPDATE: On 21 July 2019, following its consultation on ‘Confidentiality clauses: measures to prevent misuse in...

9th Jun

In-house

Q&As

In a claim for being subjected to a detriment, is it possible to recover legal costs as part of the compensation awarded under section 49 of the Employment Rights Act 1996?

In a claim for being subjected to a detriment, is it possible to recover legal costs as part of the compensation awarded under section 49 of the...

6th Jun

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?

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...

6th Jun

Q&As

In order to be a qualifying disclosure for the purposes of benefitting from whistleblowing protection, must the disclosure in question relate to the wrongdoing of the worker’s employer, or can it relate to the wrongdoing of an individual other than the employer?

In order to be a qualifying disclosure for the purposes of benefitting from whistleblowing protection, must the disclosure in question relate to the...

6th Jun

Precedents

Whistleblowing report register

Whistleblowing report registerThis Precedent is a tool to maintain records of reports made under the Whistleblowing policy.It is provided in Excel...

6th Jun

Q&As

Can compensation for whistleblowing detriment include the difference between statutory sick pay (SSP) and the salary the employee would have received had that detriment not caused him to be off work due to sickness?

Can compensation for whistleblowing detriment include the difference between statutory sick pay (SSP) and the salary the employee would have received...

5th Jun

Q&As

Where a confidentiality obligation in an employee’s contract of employment is made subject to a whistleblowing carve-out, to what extent will the confidentiality restriction be enforceable against the employee post-employment if they disclose confidential information that would otherwise be required to be disclosed by law?

Where a confidentiality obligation in an employee’s contract of employment is made subject to a whistleblowing carve-out, to what extent will the...

Produced in partnership with Peter Edwards of Devereux Chambers 5th Jun

Q&As

Is a governor of a public body who is elected by the public protected by whistleblowing legislation?

Is a governor of a public body who is elected by the public protected by whistleblowing legislation?A governor of a public body who is elected by the...

5th Jun

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?

Can an employee bring a claim for unfair dismissal on the basis of protected disclosure (whistleblowing), where the employer dismissed the employee...

5th Jun

Q&As

Would giving evidence to a Parliamentary select committee be an exception (or defence) to the duty of confidentiality?

Would giving evidence to a Parliamentary select committee be an exception (or defence) to the duty of confidentiality?The duty of fidelity implied...

5th Jun

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?

In relation to a whistleblowing claim, is a verbal statement capable of being a protected disclosure, and if so, what factors will an employment...

Produced in partnership with Russell Bradley of Ampersand 5th Jun

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?

Can an employee lawfully refuse to return documents containing their employer’s confidential information that they have taken to evidence the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

What legal considerations are involved at an interim relief hearing relating to claims for unfair dismissal and whistleblowing detriment where, after disciplinary proceedings have been instigated against an employee for making fraudulent overtime pay claims, they purport to make a protected disclosure by raising a grievance alleging fraud and breach of health and safety rules, and are then subjected to a detriment and ultimately dismissed?

What legal considerations are involved at an interim relief hearing relating to claims for unfair dismissal and whistleblowing detriment where, after...

5th Jun

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?

In an unfair dismissal whistleblowing claim, if the employee secures alternative employment which then comes to an end (through no fault of the...

5th Jun

Practice notes

Whistleblowing—UK regulatory issues

Whistleblowing—UK regulatory issuesBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation...

5th Jun

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