Whistleblowing—protected disclosures

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Whistleblowing—protected disclosures
  • Characteristics of disclosures
  • Qualifying disclosures
  • Relevant types of wrongdoing
  • Failure to comply with legal obligations
  • Necessary belief in the relevant wrongdoing
  • Necessary belief that the disclosure is made in the public interest
  • 'Public interest' not defined
  • 'Reasonable belief' of the worker
  • Qualifying disclosures: exceptions
  • More...

Whistleblowing—protected disclosures

UPDATE: On 21 July 2019, following its consultation on ‘Confidentiality clauses: measures to prevent misuse in situations of workplace harassment or discrimination’, the government announced that it proposes to: (1) legislate so that no provision in a confidentiality clause can prevent disclosures to the police, regulated health and care professionals and legal professionals, (2) legislate so that limitations in confidentiality clauses are clearly set out in employment contracts and settlement agreements, (3) produce guidance for solicitors and legal professionals responsible for drafting settlement agreements, (4) legislate to enhance the independent legal advice received by individuals signing confidentiality clauses, and (5) introduce enforcement measures for confidentiality clauses that do not comply with legal requirements in written statements of employment particulars and settlement agreements.
The government restated many of these proposals in its response to the Women and Equalities Select Committee (WESC) report on the use of non-disclosure agreements (NDAs) in discrimination and harassment cases published on 29 October 2019, but also addressed some additional points, including the WESC recommendations that it will not be taking forward. For further information, see Practice Note: Non-disclosure agreements (NDAs) and confidentiality provisions in employment—WEC recommendations and government proposals (discrimination and other prohibited conduct only), LNB News 22/07/2019 20, LNB News 29/10/2019 59 and LNB News 30/10/2019 36.

This Practice Note gives guidance on what constitutes

Related documents:

Popular documents