IDS Whistleblowing at Work 2018

IDS Whistleblowing at Work provides a comprehensive and up to date account of the law governing ‘whistleblowing’ at work.

This IDS Employment Law Handbook aims to provide a clear and comprehensive guide to the law governing whistleblowing at work. It considers the scope of the law governing protected disclosures - i.e. who is protected and what amounts to a qualifying disclosure - and explains the legitimate methods of disclosure. It also looks at the rules governing unlawful detriment and unfair dismissal for making a protected disclosure and considers the impact of confidentiality and ‘gagging’ clauses. Finally, the Handbook explains the positive benefits to employers of having a whistleblowing policy and outlines what a good whistleblowing policy should look like.

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CONTENTS
Background and overview
• Background to whistleblowing legislation
• Policy behind PIDA
• Whistleblowing and the public interest
• Scope of protection
Who is protected?
• Definition of ‘worker’ and related expressions
• Crown employment
• Parliamentary staff
• Armed forces
• Police
• National security
• Work outside Great Britain
• Northern Ireland
Qualifying disclosures
• Outline of statutory scheme
• Meaning of ‘disclosure’
• What amounts to a qualifying disclosure?
• Public interest
• Criminal offences
• Breaches of legal obligation
• Miscarriages of justice
• Endangerment of health and safety
• Environmental damage
• Concealment of information
• Disclosures excluded from protection
Method of disclosure
• Internal and external disclosures
• No requirement of ‘good faith’
• Disclosure to employer
• Disclosure to person responsible for relevant failure
• Disclosure to legal adviser
• Disclosure to Minister of the Crown
• Disclosure to prescribed persons
• External disclosure in other cases
• Exceptionally serious failures
• Appendix – list of prescribed persons
Detriment
• Detriment under S.47B ERA
• Meaning of ‘detriment’
• Causation
• Post-employment detriments and disclosures
• Personal liability of workers and agents
• Employer’s liability for acts of third parties
Dismissal
• Unfair dismissal
• Redundancy selection
• Dismissal during unofficial industrial action
Enforcement and remedies
• Time limits
• Preliminary hearings and interlocutory matters
• Evidence in whistleblowing cases
• Remedies in detriment claims
• Remedies in unfair dismissal claims
• Interim relief
Breach of confidence and ‘gagging’ clauses
• Common law position on disclosure
• Mandatory duties to whistleblow
• Confidentiality (‘gagging’) clauses
Whistleblowing policies
• Contents of policy
• Implementation of procedures
• Benefits of establishing procedures

"We love the IDS books, they are the best reference books for employment lawyers..."

- Beverley Sunderland, Crossland Employment Solicitors

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