Whistleblowing

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Latest Employment News

Retained EU law—a guide for the perplexed

The following Banking & Finance news provides comprehensive and up to date legal information on Retained EU law—a guide for the perplexed

TUPE: duty to maintain wage records transfers to transferee (Mears Homecare v Bradburn)

The following Employment news provides comprehensive and up to date legal information on TUPE: duty to maintain wage records transfers to transferee (Mears Homecare v Bradburn)

Employment weekly highlights—24 May 2018

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—24 May 2018

Examining the Article 29 Working Party’s Opinion 2/2017 on data processing at work

The following Employment news provides comprehensive and up to date legal information on Examining the Article 29 Working Party’s Opinion 2/2017 on data processing at work

Featured Employment content

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...

Contractual redundancy payments

An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

The duty of fidelity and fiduciary duties

All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...

Precedents

Letter—from employer placing employee on garden leave

[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...

9th Nov

Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...

9th Nov

Practice notes

No response, rejected response or claim not contested: employment tribunals

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

9th Nov

Precedents

Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures

[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...

9th Nov

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

9th Nov

Practice notes

Employment tribunal case management

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

9th Nov

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Striking out and unless orders in employment tribunal proceedings

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

9th Nov

In-house

Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...

9th Nov

Precedents

Costs warning letter (employment tribunal)

[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...

9th Nov

Practice notes

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan

Precedents

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

9th Nov

Precedents

ET1 grounds of claim—direct sex discrimination, sexual harassment and constructive dismissal

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at...

9th Nov

Practice notes

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

9th Nov

Most recent Whistleblowing content

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 15th Jan

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 8th Jan

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?

Questions of this nature are very difficult to answer without sight of the actual employment contract. Like post-termination restrictions (restrictive...

Produced in partnership with Peter Edwards of Devereux Chambers 8th Jan

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 8th Jan

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 UK LLP 8th Jan

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...

23rd Dec

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...

15th Dec

Precedents

Whistleblowing report form

Reports under the Whistleblowing policy can be made orally or in writing and they may be made anonymously or include the reporter’s identity.To make a...

7th Dec

Precedents

Whistleblowing report register

This Precedent is a tool to maintain records of reports made under the Whistleblowing policy.It is provided in Excel format and therefore cannot be...

6th Dec

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...

5th Dec

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...

5th Dec

Precedents

ET1 grounds of claim—unfair dismissal: protected disclosure

1The Claimant was employed by the Respondent from [insert date] as a chemist in the Respondent’s research and development facility at [insert...

5th Dec

Precedents

ET1 grounds of claim—detriment: protected disclosure to journalist

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed as [a building engineer] by the Respondent construction company. On [insert date],...

5th Dec

Precedents

Policy and procedure—whistleblowing (short form)

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

5th Dec

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...

5th Dec

Precedents