Whistleblowing: Law and Practice, 4th Edition

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Whistleblowing: Law and Practice, 4th Edition

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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.
1: Introduction
PART I: PROTECTING WHISTLEBLOWERS - THE PUBLIC INTEREST DISCLOSURE ACT 1998
2: Structure of the Public Interest Disclosure Act 1998
3: Protectable Information
4: Good Faith
5: The Three Tiers of Protection
6: Who is Protected under PIDA?
7: The Right not to Suffer Detriment
8: Dismissal for Making a Protected Disclosure
9: Remedies in Dismissal and Detriment Claims
10: Employment Tribunals' Procedure and Alternative Dispute Resolution
PART II: PROTECTING WHISTLEBLOWERS - OUTSIDE PIDA
11: Private Information and Public Interest Disclosure
12: Protection of the Identity of Informants
13: Whistleblowing and Copyright
14: Defamation
PART III: THE OBLIGATION TO BLOW THE WHISTLE
15: Obligations to Blow the Whistle
PART IV: RULES, POLICIES, PROCEDURES, AND PROBLEMS
16: Whistleblowing Procedures in the Public and Private Sectors
APPENDICES
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
John Bowers QC, Barrister, Littleton Chambers, Martin Fodder, Barrister, Littleton Chambers, Jeremy Lewis, Barrister, Littleton Chambers, and Jack Mitchell, Barrister, 3PB Barristers

John Bowers QC is a Barrister at Littleton Chambers, specializing in both individual and collective employment law, discrimination and pensions law, and judicial review. He also sits as a Recorder on the Midland Circuit and is a Deputy High Court judge.

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. He is a part time Employment Judge in the East Midlands region and is an ADR accredited mediator.

Jack Mitchell is a Barrister and Head of the Employment Law Group at 3PB Barristers, specializing exclusively in employment law.

Contributors:

Richard Price OBE QC (Chapter 13, Whistleblowing and Copyright) is a Barrister at Littleton Chambers

Cameron Doley (Chapter 14, Defamation) is a Partner at Carter-Ruck