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

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

Filed under Jurisdiction: UK, Resources, Whistleblowing, Workplace culture, diversity and discrimination (including bullying and harassment)

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

Leave a Comment

Filed under Jurisdiction: The Americas, Whistleblowing