Whistleblowing

Taiwan: Compliance checks – changes to Labor Standards Act

On 6 December 2016, a number of amendments to the Labor Standards Act (Act), relating to rest days, national holidays, annual leave, breaks between shifts, pay slips and whistle-blower protections, were passed by the Legislative Yuan in Taiwan. The amendments … Continue reading

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Filed under Jurisdiction: Asia, Whistleblowing, Working time rights: statutory holiday and other rest

UK: Employers could face whistleblowing liability despite decision-maker’s ignorance of protected disclosure, and for claims from agency workers

The EAT has confirmed that the reason for a dismissal can be the employee's whistleblowing, even where the decision-maker is unaware of this, if their decision has been manipulated by a manager aware of the protected disclosure and motivated by … Continue reading

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Filed under Jurisdiction: UK, Whistleblowing

UK: Whistleblowing – employers face uphill struggle to strike out claims for lack of “public interest”

A recent EAT ruling has highlighted that, in many cases, the prospects of striking out a whistleblowing claim at a preliminary hearing on the basis of lack of public interest will be minimal. In particular, where the claimant raises an … Continue reading

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Filed under Jurisdiction: UK, Whistleblowing, Workplace Health and Safety

UK: HSF Global Guide to Whistleblowing

Herbert Smith Freehills has published the first edition of a Global Guide to Whistleblowing, providing a quick reference guide to the law and culture around employees 'blowing the whistle' in 40 key jurisdictions covering in EMEA, the Americas and Asia … Continue reading

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Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, Resources, Whistleblowing

UK: New publications

GEO new guide for employers on Recruitment and Retention of Transgender Staff. Guidance from the Committee on Standards in Public Life on how public authorities and companies offering outsourced public services can maintain ethical standards, including recommendations to implement a … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, Resources, Whistleblowing

US: Second Circuit decision protecting internal whistleblowers creates circuit split

A recent decision by the Second Circuit Court of Appeals (Bergman v Neo@Ogilvy LLC) held that the Dodd-Frank Act protects employee whistleblowers who report wrongdoing internally to their employer, in addition to employees who report wrongdoing to the Securities and … Continue reading

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Filed under Jurisdiction: The Americas, Whistleblowing

UK: Whistleblowing – disclosure concerning alleged breach of four employees’ contracts may satisfy “public interest” test

An employment tribunal was wrong to strike out a whistleblowing unfair dismissal claim on the basis that a disclosure concerning alleged breaches of the contracts of only four employees could not involve 'public interest'.

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Filed under Jurisdiction: UK, Whistleblowing

UK: New FCA and PRA whistleblowing rules

The FCA and the PRA have both published policy statements on their new rules on whistleblowing: FCA policy statement (PS15/24) entitled "Whistleblowing in deposit-takers, PRA-designated investment firms and insurers"; and PRA policy statement (PS24/15), also entitled "Whistleblowing in deposit-takers, PRA-designated … Continue reading

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Filed under Jurisdiction: UK, Whistleblowing

UK: Whistleblowing “public interest” requirement is low hurdle for workers

Whistleblowing law was amended in June 2013 to make protection conditional on the worker holding a reasonable belief that disclosure was in the “public interest” (as a form of quid pro quo for the removal of the requirement for disclosures … Continue reading

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Filed under Jurisdiction: UK, Whistleblowing

UK: New publications

BIS has published Guidance for employers on whistleblowing, available here. It contains recommendations for writing and promoting whistleblowing policies, and a code of best practice. We have recently updated our multi-jurisdictional guide discussing potential employee issues in business transfers (first … Continue reading

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Filed under Jurisdiction: UK, Whistleblowing