header-logo header-logo

23 September 2016 / Peter Breakey
Issue: 7715 / Categories: Features , Employment
printer mail-detail

Whistleblowing protection

nlj_7715_breakey

Peter Breakey heralds a small but welcome extension to the scope of protection for whistleblowers

  • A claimant’s status as a worker vis à vis an agency they are employed under is irrelevant to a claim against a trust that the worker provides services for.

The rules designed to protect whistleblowers have repeatedly proved to be inadequate. A recent decision in the Employment Appeal Tribunal (EAT), which will apply to many NHS agency workers, provides a small but welcome extension of their scope. In McTigue v University Hospital Bristol NHS Foundation Trust UKEAT/0354/15/JOJ, Ms McTigue (the claimant) was a nurse employed by an agency (the agency) which provided services to the University Hospitals Bristol NHS Foundation Trust (the trust). From 2011, she had been working with victims of sexual assaults. In 2013 she was removed from this work. She argued that her removal from this work was a detriment which she had suffered as a result of a protected disclosure she had made to the trust. It was therefore a breach of her right under

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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

back-to-top-scroll