Whistleblowing : law and practice

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Bibliographic Information

Whistleblowing : law and practice

John Bowers ... [et al.]

Oxford University Press, 2007

Other Title

Whistle blowing

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Includes bibliographical references and index

Description and Table of Contents

Description

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 practical guidance 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 the scope 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 and Medicine, 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 of employees, 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 of interest to private and public sector employers seeking guidance on whistleblowing procedures and policies.

Table of Contents

  • 1. Introduction
  • PROTECTING WHISTLEBLOWERS: THE PUBLIC INTEREST DISCLOSURE ACT 1998
  • 2. Structure of PIDA
  • 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
  • PROTECTING WHISTLEBLOWERS - OUTSIDE PIDA
  • 11. Private Information and Public Interest Disclosure
  • 12. Protection of the Identity of Informants
  • 13. Whistleblowing and Copyright (contributed by Richard Price OBE, QC)
  • 14. Defamation (contributed by Cameron Doley, Solicitor-Advocate, Managing Partner, Carter-Ruck)
  • THE OBLIGATION TO BLOW THE WHISTLE
  • 15. Obligations to Blow the Whistle
  • RULES, POLICIES, PROCEDURES AND PROBLEMS
  • 16. Whistleblowing Procedures in the Public and Private Sectors: Why they are needed and what they should contain
  • APPENDICES
  • 1. Relevant extracts from the Employment Rights Act 1996
  • 2. Relevant Statutory Instruments
  • 3. Relevant Hansard Extracts
  • 4. Extracts from Nolan Committee on Standards in Public Life
  • 5. Extracts from the Shipman Report
  • 6. Sample Whistleblowing Cases
  • 7. Case Study
  • 8. Appellate Whistleblowing Cases
  • 9. Employment Tribunal Whistleblowing Cases
  • 10. Precedents
  • 111. Introduction to Public Concern at Work Guide to PIDA
  • 12. Useful Addresses

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