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LRD guides and handbook October 2019
Whistleblowing - a guide to the law
Introduction
Introduction [page 3] (320 words)
This booklet sets out the law and policy governing “whistleblowing” in the UK. Its intended audience is interested trade union reps and members ...
Open access
Chapter 1
1. Overview [ch 1: pages 3-8] (1,948 words)
In general terms, “whistleblowing” is the process of reporting or disclosing wrongdoing you believe is taking place where you work. There is no ...
Subscribers only
Chapter 2
2. Whistleblowing law — a summary [ch 2: page 9] (125 words)
This Chapter summarises the basic framework of whistleblowing law in the UK. Other Chapters provide more detailed information about each aspect of ... Subscribers only
Sources of law [ch 2: pages 9-10] (336 words)
What disclosures are protected [ch 2: page 10] (203 words)
Who is protected [ch 2: page 10] (60 words)
Who should disclosures be made to [ch 2: pages 10-11] (250 words)
What types of claim can be brought [ch 2: page 11] (146 words)
Dismissal [ch 2: pages 11-12] (160 words)
Detriment [ch 2: page 12] (70 words)
Non-disclosure agreements [ch 2: page 12] (108 words)
Is a whistleblowing claim appropriate? [ch 2: page 12] (153 words)
Chapter 3
3. Who is protected [ch 3: page 13] (423 words)
Whistleblowing law is found in the Public Interest Disclosure Act 1998 (PIDA) and the equivalent legislation in Northern Ireland (see Chapter 2). ... Subscribers only
Former workers [ch 3: page 14] (221 words)
Disclosure in previous job [ch 3: page 14] (210 words)
Agency workers [ch 3: page 15] (224 words)
Umbrella and Personal Service Companies [ch 3: page 15] (118 words)
What if there is no contract? [ch 3: pages 15-16] (168 words)
Homeworkers [ch 3: page 16] (82 words)
Job applicants [ch 3: page 16] (165 words)
Nurses and midwives in training [ch 3: page 16] (50 words)
Work experience placements [ch 3: page 16] (47 words)
Crown employees [ch 3: page 17] (35 words)
New EU Directive on Whistleblowing [ch 3: page 17] (102 words)
Does UK whistleblowing law protect someone who was about to blow the whistle but had not yet done so? [ch 3: pages 19] (739 words)
Chapter 4
4. What types of disclosures are protected [ch 4: page 20] (190 words)
To be protected, there must be a qualifying disclosure (section 43A, ERA 96), and it must be made in a particular way (sections 43C to 43H, ERA 96). ... Subscribers only
What is a qualifying disclosure? [ch 4: page 20] (206 words)
Public interest [ch 4: pages 21-24] (1,668 words)
No need to show good faith [ch 4: page 24] (135 words)
Need for specific factual information [ch 4: pages 25-27] (1,199 words)
The ‘manner’ of making the disclosure [ch 4: page 27] (172 words)
Whistleblower or detective? [ch 4: page 28] (200 words)
Whistleblower or campaigner for change? [ch 4: pages 28-29] (489 words)
Chapter 5
5. Who should the disclosure be made to? [ch 5: page 30] (153 words)
Chapter 4 looked at the tests that are used to decide whether the content of a disclosure and the motivation of its maker meet the legal requirements ... Subscribers only
Disclosure to the employer [ch 5: pages 30-31] (432 words)
Disclosure to a legal adviser [ch 5: page 31] (81 words)
Disclosure to a prescribed person or MP [ch 5: pages 31-32] (385 words)
Disclosure to an organisation that is not prescribed [ch 5: pages 32-33] (526 words)
Disclosure of ‘exceptionally serious’ failure [ch 5: pages 33-34] (388 words)
Gagging clauses [ch 5: page 34] (82 words)
Chapter 6
6. What types of claim can be brought [ch 6: page 35] (156 words)
This Chapter looks at the kinds of claim that can be brought in the employment tribunal to enforce rights under the Public Interest Disclosure Act 199 ... Subscribers only
Automatically unfair dismissal [ch 6: pages 35-36] (459 words)
Detriment [ch 6: pages 36-38] (962 words)
Proving the claim — some key pitfalls [ch 6: pages 38-39] (403 words)
Remedies [ch 6: pages 39-40] (262 words)
Interim relief [ch 6: pages 40-41] (618 words)
Time limits [ch 6: pages 41-42] (174 words)
Chapter 7
7. Whistleblowing policies [ch 7: pages 43-44] (730 words)
There is currently no legal requirement, outside specific sectors such as financial services, for an employer to have a whistleblowing policy. Even ... Subscribers only
What should a whistleblowing policy look like? [ch 7: pages 44-46] (861 words)
Chapter 8
8. Non-disclosure agreements [ch 8: pages 47-49] (1,001 words)
The use of non-disclosure agreements (NDAs) to stifle whistleblowing is a topical issue in 2019. At the time of writing, the government is under ... Subscribers only
Chapter 9
9. Proposals for reform [ch 9: pages 50-51] (789 words)
As this booklet has tried to show, the Public Interest Disclosure Act 1998 (PIDA) is widely recognised as being unfit for purpose. It cannot safely ... Subscribers only
New EU Directive on whistleblowing [ch 9: pages 52-54] (1,113 words)
Further information [pages 55-56] (627 words)
Copies of relevant statutes and regulations are available online at: www.legislation.gov.uk. In Northern Ireland, legislation is published on the ... Subscribers only