Category Archives: Whistleblowing

Whistleblowing Judges

Public Interest Disclosures and Protection from Detriment Last week, the Supreme Court heard the case of Gilham v Ministry of Justice which concerned whether a judge could be protected as a “worker” under whistleblowing legislation. The Law Whistleblowing legislation gives employees and workers special protection from being dismissed or suffering detrimental treatment because they have […]

Is it enough for an employee to hold a reasonable belief that a disclosure is in the public interest (even if it may not be) in order to have protection under whistleblowing legislation?

Whistleblowing Disclosures Yes, according to the Employment Appeal Tribunal in the recent case of Okwu v Rise Community Action. The Law Under the Employment Rights Act 1996 (“the ERA”), an employee is unfairly dismissed if the reason or principal reason for the dismissal is that they made a protected disclosure (s103A of the ERA). Dismissal […]

Co-workers can now be personally liable to a whistleblower for their post-dismissal losses

Whistleblowing liability In the recent case of Timis v Osipov [2018] EWCA Civ 2321, the Court of Appeal has confirmed that employees who have been dismissed for making a protected disclosure can also bring a claim against an individual colleague for detriment suffered following a dismissal and a claim for vicarious liability against the employer, in […]

Whistleblowing & Protected Disclosures

  Can an allegation be a ‘protected disclosure’? In a recent case regarding whistleblowing and detrimental treatment the Employment Appeal Tribunal have addressed an ongoing question about the disclosure of information verses making an allegation. The Law Employees have specific protection from being dismissed or suffering a detriment as a result of making a protected […]

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