Legislation protecting whistleblowers was introduced seven years ago. This article reviews the legislation and considers some of the substantial body of case law arising out of it. It also looks at the components of an effective whistleblowing policy.
In Woodward v Abbey National plc, the EAT holds that the employment tribunal was correct to hold that s.48 of the Employment Rights Act 1996 does not extend jurisdiction for complaints of detriment by whistleblowers to those who are no longer employed.
In Holden v Connex South Eastern Ltd, the employment tribunal rules that a train company victimised and unfairly constructively dismissed one of its train drivers who had been a vigorous safety representative and had disclosed information on risks to public safety.
HR and legal information and guidance relating to protection from detriment in relation to protected disclosures.