Whistleblowing

UK: managers could face personal liability for whistleblowing dismissal framed as detriment claim

Employers should ensure board members and senior managers are aware that, if they are instrumental in a decision to dismiss an employee for whistleblowing, they could be personally liable for post-dismissal losses. The Court of Appeal has upheld the EAT’s … Continue reading

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Filed under Jurisdiction: UK, Whistleblowing

UK: revised corporate governance code

The FRC has published a new version of the UK Corporate Governance Code applicable to accounting periods beginning on or after 1 January 2019. The changes include a requirement to have a board-monitored whistleblowing mechanism and a mechanism for workforce … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: UK, Remuneration (including bonus and incentive plans), Whistleblowing, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Whistleblowing – a Protected Disclosure Must Include Specific Facts, but These Can be Deduced From the Context of an Allegation

Workers may be entitled to whistleblower protection in broader circumstances than employers expect. It is clear that specific facts must be conveyed (which the worker reasonably believes tend to show one of six specified types of wrongdoing). However, although a … Continue reading

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Filed under Jurisdiction: UK, Whistleblowing

EU: Commission publishes draft whistleblowing directive

The European Commission has published a new draft directive to strengthen whistleblower protection across the EU.  The proposal is to provide EU-wide protection for blowing the whistle on breaches of specified types of EU legislation (for example, legislation on financial … Continue reading

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Filed under Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK, Whistleblowing

UK: Whistleblowing – rulings on claims against colleagues working abroad, the importance of the employer’s and whistleblower’s motivation, and scope of remedy for detriment

In its first ruling on the issue, the EAT has ruled that an employee can bring a whistleblowing detriment claim in an English employment tribunal against their colleagues working overseas provided the “substantial connection” test (previously only applied to claims … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Whistleblowing

Australia: Whistleblower protection regime

On 7 December 2017, the Australian Government took a further step towards whistleblower reform by introducing the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 into the Senate (‘Whistleblower Bill’). The Whistleblower Bill seeks to consolidate whistleblower protections in the … Continue reading

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Filed under Jurisdiction: Australia, 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