header-logo header-logo

Whistleblowing protection: slow progress?

218614
Whistleblowing protection is inching forward with judicial help, writes Charles Pigott—but reform is still needed
  • Recent case law has highlighted scope for the courts to extend the definition of ‘worker’ for whistleblowing purposes by applying human rights principles.
  • However, these cases show the need for wider-reaching reform .

From the outset, it has been recognised that the legal protection for whistleblowers in the Employment Rights Act 1996 (ERA 1996), Pt IVA should not be confined to employees and ‘limb (b)’ workers (ie, non-employee workers who have entered into a contract to perform work personally (ERA 1996, s 230(3)(b)).

ERA 1996, s 43K extends the standard ERA 1996 definition of ‘worker’ for whistleblowing purposes. Over the years, successive amendments have created a complex web of provisions, but the core elements address the position of agency workers and that of individual contractors, providing their services are part of a business rather than in a personal capacity (s 43K(1)(a) and (b)). There are also provisions protecting certain categories of work experience students,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll