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IDS Handbook: Whistleblowing at Work 2018

IDS Handbook: Whistleblowing at Work 2018

作者： IDS Employment Law Brief Team
出版商： Sweet & Maxwell U.K.
ISBN: 9780414070394

Previous Edition ISBN: 9780414031395
出版时间 January 2019
规格： Paperback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

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描述
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详细

IDS Whistleblowing at Work provides a comprehensive and up to date account of the law governing ‘whistleblowing’ at work.

This IDS Employment Law Handbook aims to provide a clear and comprehensive guide to the law governing whistleblowing at work. It considers the scope of the law governing protected disclosures - i.e. who is protected and what amounts to a qualifying disclosure - and explains the legitimate methods of disclosure.

It also looks at the rules governing unlawful detriment and unfair dismissal for making a protected disclosure and considers the impact of confidentiality and ‘gagging’ clauses. Finally, the Handbook explains the positive benefits to employers of having a whistleblowing policy and outlines what a good whistleblowing policy should look like.
Background and overview
Background to whistleblowing legislation
Policy behind PIDA
Whistleblowing and the public interest
Scope of protection

Who is protected?
Definition of ‘worker’ and related expressions
Crown employment
Parliamentary staff
Armed forces
Police
National security
Work outside Great Britain
Northern Ireland

Qualifying disclosures
Outline of statutory scheme
Meaning of ‘disclosure’
What amounts to a qualifying disclosure?
Public interest
Criminal offences
Breaches of legal obligation
Miscarriages of justice
Endangerment of health and safety
Environmental damage
Concealment of information
Disclosures excluded from protection

Method of disclosure
Internal and external disclosures
No requirement of ‘good faith’
Disclosure to employer
Disclosure to person responsible for relevant failure
Disclosure to legal adviser
Disclosure to Minister of the Crown
Disclosure to prescribed persons
External disclosure in other cases
Exceptionally serious failures
Appendix – list of prescribed persons

Detriment
Detriment under S.47B ERA
Meaning of ‘detriment’
Causation
Post-employment detriments and disclosures
Personal liability of workers and agents
Employer’s liability for acts of third parties

Dismissal
Unfair dismissal
Redundancy selection
Dismissal during unofficial industrial action
Enforcement and remedies
Time limits
Preliminary hearings and interlocutory matters
Evidence in whistleblowing cases
Remedies in detriment claims
Remedies in unfair dismissal claims
Interim relief

Breach of confidence and ‘gagging’ clauses
Common law position on disclosure
Mandatory duties to whistleblow
Confidentiality (‘gagging’) clauses

Whistleblowing policies
Contents of policy
Implementation of procedures
Benefits of establishing procedures

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