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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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