Australia: Federal Court finds new whistleblower protections will not apply to detrimental conduct occurring before the commencement date of 1 July 2019

On 1 July 2019, the amended form of Part 9.4AAA of the Corporations Act 2001 (Cth) (Corporations Act), which sought to provide whistleblowers with greater protection than its predecessor, came into force. These amendments also repealed the specific whistleblowing protections in the Banking Act 1959 (Cth), Insurance Act 1973 (Cth), Life Insurance Act 1995 (Cth) … Read more

UK: employers should comply with Acas Code when handling whistleblowing complaints

Employers should follow the Acas Code on grievances when handling whistleblowing disclosures;  any failure to do so could lead to an uplift of up to 25% to the compensation award for whistleblowing claims.  Employers with separate whistleblowing policies should check they comply with the Acas Code requirements. The EAT in Ikejiaku v British Institute of … Read more

UK: High Court rulings on duty of care to protect against economic loss

In Rihan v Ernst & Young (Global) Ltd, the High Court awarded a former partner of Ernst & Young (EY) damages exceeding $11 million, broadly equating to past and future earnings for the rest of his career. The claimant, Mr Rihan, was a whistleblower who publicly disclosed suspected irregularities arising out of an audit for … Read more

UK: Whistleblowing – detriment because of “ordinary” unreasonable behaviour while making a disclosure could not be severed from the disclosure

Detriment for making a whistleblowing protected disclosure is unlawful, but in some cases it may be possible to establish that the reason for the treatment was the manner of making the disclosure and that this is distinct from the disclosure itself, thereby side-stepping whistleblowing protection. The EAT decision in Riley v Belmont Green Finance t/a … Read more