Whistleblowing: When are claims in the public interest?

The Court of Appeal has failed to resolve uncertainty over whether a complaint about a breach of a worker’s own employment contract can amount to a protected disclosure, explain Christopher Fisher and Tanem Taskin ‘To be protected by the whistleblowing legislation, a worker must have made a protected disclosure.’ In Chesterton Global Ltd v Nurmohamed …
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The Year Ahead: 2017 and all that

Will Hampshire and Richard Kenyon outline ten key developments that the next 12 months have in store for employers and their advisers ‘In 2017, we can expect more disruption as new technology and employment rights collide within the arena of the national and international political battles to come.’ Back at the beginning of the 19th …
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The Year Ahead: Ten predictions for 2016

Sarah Parkin rounds up the key employment law cases and legislative developments that practitioners can expect in the coming year ‘2016 looks set to be an interesting year for employment practitioners and in-house counsel. The top ten developments to look out for are outlined in this article.’ With a number of significant Court of Appeal …
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Whistleblowing: What does ‘in the public interest’ mean?

Following two recent EAT cases, employers face the renewed prospect of workers receiving whistleblowing protection for disclosing breaches of their own employment contract, warns Sarah Ozanne ‘It is noteworthy that the legislation does not define public interest. Nor does it require that the disclosure be in the public interest, just that the worker has a …
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Whistleblowing: EAT rules on the public interest test

David von Hagen reviews a recent case interpreting the amendments made two years ago to the law on public interest disclosures ‘It would seem that the primary aim of the public interest test was to reverse Sodexho and prevent whistleblowing claims that relied on a breach of a legal obligation that only applied to the …
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Public Interest Disclosure: Reforms take effect but spotlight stays on whistleblowing

Following a string of high-profile scandals, interest in whistleblowing looks set to remain high, suggests Fudia Smartt ‘The common belief among workers that there are more risks than benefits in blowing the whistle has led to discussion about whether the UK needs to reward whistleblowers financially.’ On 2 July 1999, the Public Interest Disclosure Act …
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Employment Law Reform: Shake it up

Benedict Gorner and Clare Gregory summarise the employment law provisions contained in the Enterprise and Regulatory Reform Act 2013 ‘Prudent employers are likely to continue to take steps to prevent third-party harassment, both to avoid potential liability and to maintain good employee relations.’ Employment legislation has rarely been out of the media spotlight recently, as …
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Employment Law Review: A timetable for reform

Richard Kenyon and Louise Fernandes-Owen present a guide to what is happening when in the government’s overhaul of the employment law system The concept of giving up employment rights in return for shares has been particularly controversial. It is perhaps unsurprising therefore that the House of Commons and House of Lords have disagreed. The government’s …
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Public Interest Disclosure: A new whistleblowers’ charter?

Christine O’Brien and Kim Sartindiscuss proposed changes to the law protecting those who reveal misconduct or wrongdoing Vicarious liability can only arise where an employee has carried out an unlawful act and there is no provision in the current legislation making it unlawful for employees to victimise whistleblowers. With a multitude of scandals hitting the …
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Employment Law Reform: Queen’s Speech sheds light on new legislative framework

Jemima Coleman considers the next steps in the government’s proposed overhaul of employment legislation ‘Although the government’s intentions may be laudable, the proposed changes are complex and wide-ranging, which will inevitably lead to a period of uncertainty for both employers and employees.’ The Queen’s Speech on 9 May 2012 gave employment lawyers an insight into …
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