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On 21 February, Spain’s Official State Journal, the BOE, published Law 2/2023, of 20 February, on the protection of persons who report regulatory breaches and to combat corruption, which will enter into effect on 13 March. The Whistleblower Law, (i) transposes into Spanish legislation Directive (EU) 2019/1937 of the European Parliament and of the Council … Read more
The Spanish Government has approved a Bill to regulate the protection of people who report breaches of regulations and in the fight against corruption. The new law (i) transposes Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law … Read more
The latest edition of our Regulation in Focus podcast series features Jenny Andrews, an Of Counsel in our Employment team and Charles McGrath, a Senior Associate in our contentious FSR practice in London. Jenny and Charles remind listeners about the statutory and regulatory whistleblowing framework in the UK before summarising some interesting recent case law … Read more
Since the onset of the pandemic, our global employment team has been monitoring the level and changing nature of risks around the world. Whilst some trends have accelerated i.e. whistleblowing regulations, there are some new and important developments that pose significant employment risks. We have mapped these across the major financial centers using an interactive … Read more
Employers will welcome the decision of the Court of Appeal upholding the EAT’s decision in Kong v Gulf International Bank (summarised here). Subject to any further appeal to the Supreme Court, the ruling confirms that an employer may be able to successfully defend a whistleblowing dismissal claim if it can show that its genuine reason … Read more
A recent EAT judgment in Guardian News and Media Ltd v Rozanov highlights how the Press may be able to rely on the principle of open justice to obtain copies of tribunal documents from a party weeks after a hearing, regardless of whether their interest is the claimant’s legal claim or wider issues of public interest … Read more
The Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (the “Whistleblowing Directive”) was introduced with the aim of establishing safe internal and external channels of reporting for whistleblowers within a variety of different organisations. Under the Whistleblowing … Read more
The Directive (EU) 2019/1937 of 23 October 2019 on the protection of persons who report breaches of Union law (the “Whistleblowing Directive”) was introduced with the aim of establishing safe internal and external channels of reporting for whistleblowers within a variety of different organisations. Under the Whistleblowing Directive, both private and public organisations must provide … Read more
Update: the Court of Appeal dismissed the appeal in this case on 8 July 2022 – see our post here. Dismissal is automatically unfair where the principal reason for the dismissal is a protected disclosure. Where employers take exception to the way in which a claimant makes their disclosure, or the surrounding conversations or conduct, … Read more
