Whistleblowing

UK: Corporate governance – Government response to consultations on reform proposals

The Department for Business, Energy and Industrial Strategy has published its response paper on UK corporate governance reform, following on from the green paper which it published in November 2016.

Leave a Comment

Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: UK, Remuneration (including bonus and incentive plans), Whistleblowing

Australia: Whistleblower protections – recommendations from Parliamentary Joint Committee

The Parliamentary Joint Committee on Corporations and Financial Services has proposed widespread reform to whistleblowing legislation in Australia. Together with Disputes, we have published an article on our website on the Committee’s recommendations, which signal the direction any law reform in this area may … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia, Whistleblowing

UK: Whistleblowing – an employee can bring a detriment claim against colleagues for their actions in dismissing him

The EAT in International Petroleum Ltd v Osipov has made clear that an employee can bring a whistleblowing detriment claim against a fellow worker in relation to their actions in dismissing him (for which the employer may be vicariously liable), … Continue reading

Leave a Comment

Filed under Jurisdiction: UK, Termination of employment, Whistleblowing

UK: Whistleblowing – Court of Appeal rules on meaning of ‘public interest’

Employers should not assume that the disclosure of an alleged breach of employment contract will necessarily be outside the scope of whistleblowing protection. The Court of Appeal has confirmed in Chesterton Global Ltd v Nurmohamed that disclosure of private workplace disputes … Continue reading

Leave a Comment

Filed under Jurisdiction: UK, Whistleblowing

UK: Whistleblowing – new rules for UK branches of foreign banks and insurers

The FCA and PRA have recently published new rules on whistleblowing procedures for UK branches of foreign banks and insurers, which will apply from 7 September 2017. UK branches will need to ensure their staff are informed of the option of … Continue reading

Leave a Comment

Filed under Jurisdiction: UK, Whistleblowing

UK: Whistleblowing- Court of Appeal decision on agency workers

Employers should note that agency workers may be able to bring whistleblowing claims against both the end-user and the third party introducer. The fact that an individual is a worker for one party does not inevitably prevent them from also … Continue reading

Leave a Comment

Filed under Jurisdiction: UK, Whistleblowing

UK: Whistleblowing- employer belief that disclosure is not protected is no defence

A recent Court of Appeal decision has highlighted the need for caution when dismissing an employee for making a disclosure. If objectively the tribunal determines that it was a protected disclosure, the dismissal will be automatically unfair even where the … Continue reading

Leave a Comment

Filed under Jurisdiction: UK, Whistleblowing

UK: FCA/PRA publish whistleblowing rules for UK branches

The FCA and PRA have recently published new rules on whistleblowing procedures for UK branches which will apply from 7 September 2017. In October 2015 the FCA and PRA introduced new rules requiring relevant deposit-takers and firms to introduce internal … Continue reading

Leave a Comment

Filed under Jurisdiction: UK, 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

Leave a Comment

Filed under Jurisdiction: Asia, Whistleblowing, Working hours (including holiday, sick leave, overtime, rest breaks)

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

Leave a Comment

Filed under Jurisdiction: UK, Whistleblowing