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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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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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