Whistleblowing

UK: fairness of whistleblowing dismissal depended on knowledge of decision-maker, notwithstanding manipulation by line manager

The Court of Appeal has overturned the EAT ruling in Royal Mail v Jhuti, although a further appeal has been filed.  The EAT had ruled that the reason for a dismissal can be the employee’s whistleblowing, even where the decision-maker … Continue reading

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Filed under Jurisdiction: UK, Termination of employment, Whistleblowing

Australia: Whistleblower protection laws – proposed amendments to the Corporations Act

The Government has released draft legislation significantly amending whistleblower laws: Treasury Laws Amendment (Whistleblowers) Bill 2017 (the Bill). Through a series of interlocking amendments to various Acts, the Bill seeks to consolidate whistleblower protections in the corporate, financial and credit … Continue reading

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Filed under Jurisdiction: Australia, 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.

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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

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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

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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

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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

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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

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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

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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

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Filed under Jurisdiction: UK, Whistleblowing