Whistleblowing Law and Practice

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

• ISBN13: 9780199299584
• ISBN10: 0199299587
• Format: Hardcover
• Copyright: 2007-04-09
• Publisher: Oxford University Press

Summary

This book provides a detailed and authoritative survey of the law relating to public interest disclosure ("whistleblowing"). Six years on from the coming into force of the Public Disclosure Act 1998 (PIDA), the book looks at how the new system has developed, and provides up to date practicalguidance on the key issues that arise in practice. It considers the legal framework in the area, both under PIDA and the disparate sources of law that can apply, and provides in-depth commentary on case law and other developments since the Act came into force. These include the broadening of thescope of the obligation to blow the whistle; the Government's increased promotion of protection for whistleblowers that has occurred in the wake of scandals such as Enron; health and safety issues surrounding the railways; and the Shipman Inquiry The book is divided into four parts: protection for whistleblowers under PIDA; protection for whistleblowers outside PIDA; the obligation to blow the whistle; and rules, policies, procedures, and problems in particular sectors (notably the Health Service, Police, Corporate Governance, NHS andMedicine, Civil service, Local Authorities, and Financial Services). 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 ofemployees, statutory obligations (both regulatory and criminal), and the Corporate Governance Codes.Written by an author team with substantial experience in the area, and making extensive use of forms, precedents, checklists, and worked examples, the book is an essential reference work for employment practitioners dealing with cases involving public interest disclosure issues. It will also be ofinterest to private and public sector employers seeking guidance on whistleblowing procedures and policies.

Author Biography

John Bowers QC is a Barrister at Littleton Chambers, specialising in employment law. He also sits as a Recorder on the Midland Circuit. Martin Fodder is a Barrister at Littleton Chambers, specialising in employment law. Jeremy Lewis is a Barrister at Littleton Chambers, specialising in employment law. Jack Mitchell is a Barrister at 3 Paper Buildings, specialising in employment law.

Table of Contents

Introduction

Protection for Whistleblowers: The Public Interest Disclosure Act 1998

Structure of PIDA

Qualifying disclosures under PIDA

Internal disclosure under PIDA

"External" disclosure under PIDA

The scope and mechanics of protection under PIDA and litigation under the Act

Protection for Whistleblowers under PIDA

Protection for Whistleblowers outside PIDA under statute and otherwise

Informants

Whistleblowing and copyright

Whistleblowing and defamation

The obligation to blow the whistle

Contractual and fiduciary duties of employees

Statutory obligations: regulatory and criminal law

Whistleblowing rules, policies, procedures and problems in particular sectors

Particular Sectors

Whistleblowing procedures in the public and private sectors: why they areneeded and what they should contain

Appendices

Public Interest Disclosure Act 1998

Extracts from Employment Rights Act 1996

Regulations

Extracts from Hansard in relation to PIDA and the Shipman Inquiry

Extracts from the Nolan Report

Extracts from the Shipman Inquiry Report

Sample procedures

Worked examples

Case illustrations

Case Summaries

Precedents

Useful addresses

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