Whistleblowing/Public interest disclosures

New and updated

• Date:

  30 June 2008

  Type:

  Employment law cases

  Whistleblowing: Burden of proof

  In Kuzel v Roche Products Ltd [2008] IRLR 530, the Court of Appeal held that, having rejected the potentially fair reason for dismissal put forward by the employer, the tribunal was not obliged to accept the automatically unfair reason put forward by the employee. It was entitled to find that the employer had at least proved that this was not the reason for dismissal.

• Date:

  13 June 2007

  Type:

  Employment law cases

  Whistleblowing: Worker's 'reasonable belief' need not be factually correct

  In Babula v Waltham Forest College [2007] IRLR 346 the Court of Appeal held that to qualify for protection from detriment or dismissal for whistleblowing, a worker must hold a "reasonable belief" that the information disclosed tends to show that a criminal offence will be committed or that there will be non-compliance with a legal obligation.

• Date:

  1 December 2006

  Type:

  Employment law cases

  Bolton School v Evans

  In Bolton School v Evans [2007] IRLR 140 CA, the Court of Appeal has held that protection against a detriment for making a protected disclosure does not extend to dismissal for conduct that is designed to demonstrate that the belief in the wrongdoing is reasonable.

• Date:

  18 August 2006

  Type:

  Employment law cases

  Whistleblowing update

  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.

• Date:

  18 August 2006

  Type:

  Employment law cases

  Public interest disclosures: Subjecting whistleblower to post-termination detriment may give rise to liability

  In Woodward v Abbey National plc [2006] EWCA Civ 822 CA, the Court of Appeal held that statutory protection against being subjected to detriment for making a protected disclosure is not limited to the duration of the employment contract but extends to cover detriment imposed by an employer on its former employee.

• Date:

  24 March 2006

  Type:

  Employment law cases

  Public interest disclosure: Compensation for whistleblower's detriment to date of dismissal

  In Melia v Magna Kansei Ltd, the Court of Appeal holds that where an employee has been subjected to detriment for having made a protected disclosure and then resigned claiming constructive dismissal, compensation for injured feelings should be assessed over the entire period up to the date of termination.

• Type:

  FAQs

  How can an employer ensure that its employees are able to raise any concerns that they have about failures or wrongdoing within the organisation?

• Date:

  3 September 2004

  Type:

  Employment law cases

  Public interest disclosure: Meaning of "good faith" in whistleblowing provisions

  In Street v Derbyshire Unemployed Workers' Centre, the Court of Appeal holds that an employment tribunal had been correct to find that an employee's "whistleblowing" disclosure was not made in good faith because, although she believed her allegations to be true and did not make the disclosure for personal gain, her motivation for making it was personal antagonism towards the subject of the disclosure.

• Date:

  9 December 2003

  Type:

  Employment law cases

  Case round-up: whistleblowing

  This week's case round-up from Eversheds: covering whistleblowing.

• Date:

  7 October 2003

  Type:

  Employment law cases

  Case round-up: mobility clauses and "protected" whistleblowing disclosures

  This week's case round-up from Eversheds, covering: mobility clauses and "protected" whistleblowing disclosures.