WHISTLEBLOWING LAW & PRACTICE

by Bowers QC, John; Fodder, Martin; Lewis, Jeremy; Mitchell, Jack

• ISBN13: 9780198788034
• ISBN10: 0198788037
• Edition: 3rd
• Format: Hardcover
• Copyright: 2017-06-27
• Publisher: Oxford University Press

Summary

First cumulative supplement to the 3rd Edition now available: http://bit.ly/2t1OxGO

This book provides a detailed survey of the law relating to public interest disclosure. It examines how the system has developed since the coming into force of the Public Interest Disclosure Act 1998 (PIDA), and provides up-to-date practical guidance on the key issues that arise in practice. Analysing the legal framework in the area, both under PIDA and the disparate sources of law that can apply, it provides in-depth commentary on case law and legislative developments. It examines the structure of PIDA, litigation procedure and remedies under the Act, data protection, confidentiality, copyright, defamation issues, and the Human Rights Act 1998, as well as the contractual and fiduciary duties of employees, statutory obligations (both regulatory and criminal), and the Corporate Governance Codes.

Since the publication of the second edition, there have been many developments in the area, including substantial procedural amendments for Employment Tribunals, major legislative changes brought in by the Enterprise and Regulatory Reform Act 2013 (ERRA) (the first major legislative change since the Public Interest Disclosure Act 1998), and the introduction of The Public Interest Disclosure (Prescribed Persons) Order 2014 SI 2014/2148 which now lists over 60 prescribed persons to whom a disclosure may be made.

Written by an author team with extensive experience in the area, and making use of checklists and worked examples, this book is an essential reference work for employment practitioners dealing with cases involving public interest disclosure issues. It will also be of interest to private and public sector employers seeking guidance on whistleblowing procedures and policies.

Author Biography

John Bowers QC, Principal of Brasenose College, Oxford,Martin Fodder, Barrister, Littleton Chambers,Jeremy Lewis, Barrister, Littleton Chambers,Jack Mitchell, Barrister, 3PB

John Bowers QC is the Principal of Brasenose College, Oxford, a leading barrister, and co-head of Littleton Chambers. He specializes in employment law, discrimination, pensions, and judicial review. He is a Deputy High Court Judge, a frequent lecturer on employment law, and a former Chair of the Employment Law Bar Association.

Martin Fodder is a Barrister at Littleton Chambers, specializing in employment law. He has extensive experience of heavyweight whistleblowing cases in both the public and private sectors.

Jeremy Lewis is a Barrister at Littleton Chambers, specializing in employment law and business protection, and is a part time Employment Judge in the South East region.

Jack Mitchell is a Barrister at 3PB Barristers, specializing exclusively in employment law.

Table of Contents

1. Introduction
2. Structure of the Public Interest Disclosure Act 1998
3. Protectable Information
4. Public Interest and Good Faith
5. The Three Tiers of Protection
6. Who is Protected under PIDA
7. The Right not to Suffer Detriment
8. Vicarious Liability and Agency Liability
9. Dismissal for Making a Protected Disclosure
10. Remedies in Dismissal and Detriment Claims
11. Employment Tribunals Procedure and Alternative Dispute Resolution
12. Whistleblowing in the Health and Financial Services Sectors
13. Obligations to Blow the Whistle
14. Obligations in Respect of Confidential or Private Information and Public Interest Disclosure
15. Protection of the Identity of Informants
16. Whistleblowing and Copyright
17. Defamation
18. Whistleblowing Procedures in the Public and Private Sectors
Appendix 1: Relevant Statutory Instruments
Appendix 2: Case Study
Appendix 3: Appellate Whistleblowing Cases
Appendix 4: Employment Tribunal Whistleblowing Cases
Appendix 5: Precedents
Appendix 6: Useful Addresses