Whistleblowing

UK: allegation of defamation can be protected whistleblowing disclosure

The EAT in Ibrahim v HCA International has confirmed that an employee’s disclosure complaining of false rumours circulating about him was an allegation of failure to comply with a legal obligation (ie, defamation). It was therefore capable of amounting to … Continue reading

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Filed under Jurisdiction: UK, Whistleblowing

UK: Government response to sexual harassment report: New statutory Code of Practice and more consultation

The Government has today published its response to the Women and Equalities Select Committee report published in July of this year (see our blog post here) on sexual harassment at work.  It has noted the lack of data and research … Continue reading

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Filed under Jurisdiction: UK, Whistleblowing, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment)

Australia: Top 10 Trends in Employment and Industrial Relations – 2018

Just in time for your holiday reading, we’ve compiled our Top 10 Trends in employment and industrial relations in Australia for 2018. Click here to review our selection. We’d love to hear your thoughts if you have any comments.

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Employment-related claims- procedure and form, Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Australia, Terms of employment contracts, Whistleblowing, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

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