Tag Archives: whistleblowing

Staying in tune with whistleblowing law – just what is “the public interest”?

Back in 2015 we reported on the Employment Appeal Tribunal’s decision in Chestertons, a ruling which struck fear into the hearts of employers everywhere by the ease with which it suggested that employees could bring their personal complaints into the whistleblowing arena just by referring to other people who might be similarly affected http://www.employmentlawworldview.com/who-is-the-public-in-public-interest-asks-the-tribunal/. In … Continue Reading

Whose lie is it anyway? Not for employer to decide if whistleblowing disclosure is protected

For a whistleblower to benefit from the statutory protections, his disclosure must be protected, i.e., be (usually) about the breach of a legal obligation and reasonably believed by him to be true and in the public interest.  If he deliberately lies or makes his disclosure only to advance his own interests or prejudice somebody else’s, … Continue Reading

Recent redundancy exercises – learning points for HR, part 6

Protecting your enhanced severance scheme Some employers pay only the statutory minimum entitlement on a redundancy dismissal, but others recognise that redundancy is a no-fault reason for termination and try to do something to sweeten an otherwise bitter pill.  Maybe this is no more than paying in lieu of notice without deduction of tax (for … Continue Reading

Recent redundancy exercises – learning points for HR, part 5

Dealing with employee absences and grievances in redundancy consultation You’ve delivered the at risk letter and sent the employee home on pay pending the formal consultation meeting. As an HR professional it is possible that your faith in human nature has become a little corroded over time, so you are not completely surprised when what … Continue Reading

Employees of one company can be whistleblowers at another – agency workers gain new protections

When it comes to explaining the importance of a new Employment Appeal Tribunal decision, there is nothing quite like a good story. However, the facts in McTigue -v- University Hospitals Bristol NHS Foundation Trust are rather dry and indeed nothing like a good story, so we shall settle instead for the (potentially really quite important) … Continue Reading

EAT considers “public interest” in whistleblowing cases again

In 2013, the Employment Rights Act was amended to reduce the scope for employees complaining about issues relating to their own contracts of employment to claim that this afforded them all the protections of a whistleblower. Post the 2013 amendment, it has been necessary for an individual to demonstrate that he/she had a reasonable belief … Continue Reading

Considerations for employers when setting up an external whistleblowing hotline

This post is the product of an interview with Grant Stevens, Head of Sales, Expolink Europe Ltd http://expolink.co.uk/   What are the main considerations for employers when setting up an externally-managed hotline for the first time? Like any worthwhile venture, whistleblowing hotlines benefit from forethought and planning. A great deal will depend on the size … Continue Reading

New Obligations of Employers in the Slovak Republic in Relation to Protection of Whistleblowers

On 16 October 2014, the National Council of the Slovak Republic adopted Act No. 307/2014 Coll. on Certain Measures Related to Reporting of Anti-social Activities and on Amendment and Supplements to Certain Acts, considered the first more comprehensive regulation of whistleblowing in Slovakia. The Act came into force on 1 January 2015. The new legal … Continue Reading

Should Employers Offer Financial Incentives for Whistleblowing

This article was written for whistleblowing hotline provider Expolink http://expolink.co.uk/.   It is well known that many employees do not blow the whistle for fear of repercussions if they do (from harassment to dismissal and various poor treatment in between). So should we offer incentives to employees to follow a whistleblowing procedure, in order that health … Continue Reading

M5 or A303 – “unmanageable” public interest complainant runs out of road in UK Tribunal

It is rare that an employer wins its Tribunal case but still covers itself in so little glory as did Hampshire Police this month in its defence of a whistleblowing allegation brought by former policeman Mr Panayiotou.    Mr Panayiotou was a chap with a strong, not to say obsessive, sense of right and wrong.  He … Continue Reading

Whistle-blowing hotline compliance issues in Europe – Part 1

Corporate compliance hotlines, or whistle-blowing hotlines, enable employees to report suspicions of violations of corporate rules, financial misconduct and other infractions on a confidential and sometimes also anonymous basis. They are considered by many corporations to be necessary to support good corporate governance and an aid in the fight against bribery, corruption and financial crime. … Continue Reading
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