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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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