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12 April 2013 / Charles Pigott
Issue: 7555 / Categories: Features , Employment
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Plugging the leaks

Charles Pigott tracks the government’s moves to close whistleblowing “loopholes”

The Enterprise and Regulatory Reform Bill will make significant changes to the protection for workers who blow the whistle. Originally planned for this month, these are now likely to be implemented in the summer, once the Bill receives royal assent.

Addressing Parkins v Sodhexo

Back in 2011, when announcing the coalition’s plans on the employment law front, Vince Cable said: “Finally, we want to close a loophole in the Public Interest Disclosure Act relating to whistleblowing. It has become apparent through case law that employees are able to blow the whistle about breaches to their own personal work contract. This is not what the legislation is designed to achieve and we are going to stop this in future.”

In order to qualify for protection a disclosure must fall within one of six categories set out in s 43B(1) of the Employment Rights Act 1996 (ERA 1996). Cable was referring to the second category, which applies when the information disclosed tends to show “that

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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