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11 October 2024 / Will Burrows
Issue: 8089 / Categories: Opinion , Employment , Disclosure , Regulatory
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Whistleblowing: need for change

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Will Burrows on why better protection is needed for those who report wrongdoing

The Public Interest Disclosure Act 1998 and its incorporation into the Employment Rights Act 1996 provides important protections for whistleblowers against detriment or dismissal. If the disclosure is in the public interest and meets the requirements, the employee is protected by law, and is able to claim unlimited compensation in an employment tribunal if they are dismissed.

The major challenges whistleblowing clients face usually come only after they have tried to do the right thing by raising serious concerns to their employer. Whistleblowers often have a regulatory duty to raise concerns but then find themselves subjected to retaliation for doing so. They often end up losing their career, and then the only path to justice is via the employment tribunal system.

Pressure on the system means large cases may take up to three years to conclude. During this time, the client may be unable to earn an income. Some end up losing their homes, having to move

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MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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