Sharpe v Bishop of Worcester (in his corporate capacity) – WLR Daily

Sharpe v Bishop of Worcester (in his corporate capacity) [2015] EWCA Civ 399; [2015] WLR (D) 196

‘In determining the question of whether a person was a “worker” within the meaning of section 43K(1)(a) of the Employment Rights Act 1996, the words “terms on which he is or was engaged to do the work” required the person to have a contract with the person of whom he was said to be a “worker”.’

WLR Daily, 30th April 2015

Source: www.iclr.co.uk

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UK intelligence tribunal to rule on surveillance case – The Guardian

‘A tribunal that hears complaints against the UK intelligence services is due to rule in a major state surveillance case on the confidentiality of conversations between lawyers and their clients.’

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The Guardian, 29th April 2015

Source: www.guardian.co.uk

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Whistleblowing ‘public interest’ test can cover internal matters in some circumstances, says UK’s EAT – OUT-LAW.com

‘Matters covered by someone who ‘blows the whistle’ on suspected bad practices at their employer need not necessarily be “of interest to the public” to benefit from stricter rules governing whistleblower protection, the UK’s Employment Appeal Tribunal (EAT) has said.’

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OUT-LAW.com, 13th April 2015

Source: www.out-law.com

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Nurses who don’t report poor care or who cover up mistakes now face being struck off – The Independent

Posted April 1st, 2015 in codes of practice, hospitals, news, nurses, standards, whistleblowers by sally

‘Nurses could be struck off if they fail to escalate concerns about poor care or hide the truth about mistakes, under new rules unveiled by the profession’s governing body.’

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The Independent, 31st March 2015

Source: www.independent.co.uk

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FCA focus on personal accountability driving increase in financial firm whistleblowing, says expert – OUT-LAW.com

Posted March 31st, 2015 in financial regulation, news, reports, whistleblowers by sally

‘A significant increase in the number of whistleblowing cases opened by the Financial Conduct Authority (FCA) over the course of the last year shows that the regulator’s increased focus on personal accountability is changing employee behaviour in the financial services industry, an expert has said.’

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OUT-LAW.com, 30th March 2015

Source: www.out-law.com

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Home secretary: Cyril Smith cover-up claims ‘could lead to prosecutions’ – The Guardian

‘Theresa May has said the claims a police investigation into the late Liberal MP Cyril Smith was scrapped, and corruption blocked other historic police operations into child abuse, were “shocking and could lead to criminal prosecutions”.’

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The Guardian, 17th March 2015

Source: www.guardian.co.uk

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The Review by Robert Francis QC into Whistleblowing in the NHS – Littleton Chambers

Posted March 17th, 2015 in health, hospitals, news, reports, whistleblowers by sally

‘The Enterprise and Regulatory Reform Act 2013 (“ERRA”) introduced the first major legislative changes to the whistleblowing provisions in the Employment Rights Act introduced by the Public Interest Disclosure Act 1998. Those provisions afford remedies to workers who are subjected to a detriment or dismissed for making ‘protected disclosures’ of ‘relevant failures’.’

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Littleton Chambers, 13th February 2015

Source: www.littletonchambers.com

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PM: Staff and members to face criminal offence of ‘wilful neglect’ over CSE – Local Government Lawyer

‘The Government is to consult on extending the new criminal offence of ‘wilful neglect’ of patients to children’s social care, education and elected members in a bid to eradicate “the culture of denial”, the Prime Minister has announced.’

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Local Government Lawyer, 3rd March 2015

Source: www.localgovernmentlawyer.co.uk

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Sir Robert Francis’ Review of Whistleblowing Processes in the NHS – UK Human Rights Blog

Posted February 18th, 2015 in health, hospitals, inquiries, news, whistleblowers by sally

‘It has long been recognised that enabling healthcare professionals to speak up about concerns at work is a key element of the promotion of patient safety. The Final Report of the Freedom to Speak Up review of whistleblowing processes in the NHS was published on 11 February 2015.’

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UK Human Rights Blog, 16th February 2015

Source: www.ukhumanrightsblog.com

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Tax authorities should prosecute evaders, says Keir Starmer – The Guardian

Posted February 16th, 2015 in banking, fraud, news, select committees, sentencing, tax evasion, taxation, whistleblowers by sally

‘Criminal prosecution for tax evasion should become the default position of the tax authorities, Keir Starmer, the former director of public prosecutions, has said, as HM Revenue and Customs came under further scrutiny over whether it responded to an email from a French whistleblower setting out details of the scale of tax evasion by HSBC.’

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The Guardian, 13th February 2015

Source: www.guardian.co.uk

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Whistleblowing: ‘It’s still not safe for us to speak out’ – Daily Telegraph

Posted February 12th, 2015 in doctors, health, news, nurses, quality assurance, reports, whistleblowers by sally

‘Whistle-blowers say Sir Robert Francis’s report fails to offer enough protection to staff to who speak out and will not encourage others to come forward.’

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Daily Telegraph, 11th February 2015

Source: www.telegraph.co.uk

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MoD faces tribunal challenge from whistleblower doctor sacked by text – The Guardian

‘An experienced doctor, who has questioned the official explanation for the death of weapons expert David Kelly, was dismissed by text and email while on a family holiday after he blew the whistle about alleged discrepancies in the dispensing of strong painkillers at an army base.’

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The Guardian, 30th January 2015

Source: www.guardian.co.uk

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Above and below the waterline: IPT finds that Prism and Tempora are lawful – Panopticon

‘The now famous revelations by US whistleblower Edward Snowden focused on US government programmes under which vast amounts of data about individuals’ internet usage and communications were said to have been gathered. The allegations extended beyond the US: the UK government and security agencies, for example, were also said to be involved in such activity.’

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Panopticon, 5th December 2014

Source: www.panopticonblog.com

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What does Duty of Candour mean for employers? – Cloisters

‘So far, commentators have focused on the interplay between clinical negligence law and the Duty of Candour. But the latest requirements also have important repercussions for those in regulated professions such as doctors and nurses and their employment relationships. In this article, we look at steps which employers should now consider in light of the new Duty of Candour.’

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Cloisters, 1st December 2014

Source: www.cloisters.com

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109 women prosecuted for false rape claims over the last five years – Daily Telegraph

‘A number of women who report rapes are being ‘aggressively prosecuted’ by the police for perverting the course of justice, according to campaign group Women Against Rape.’

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Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk

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Coroner investigates death of woman treated by dentist at centre of alert – The Guardian

Posted November 13th, 2014 in coroners, dentists, health, news, professional conduct, whistleblowers by tracey

‘Investigation trying to establish whether there are any links between 23-year-old woman’s death and the treatment she received.’

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The Guardian, 12th November 2014

Source: www.guardian.co.uk

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The need to reform whistleblowing laws – OUP Blog

‘“Why didn’t anyone in the know say something about it?” That’s the natural reaction of the public when some shocking new scandal – financial wrongdoing, patient neglect, child abuse – comes to light. The question highlights the role of the whistleblower. He or she can play a vital role in ensuring that something is done about activity which is illegal or dangerous. But the price which the whistleblower pays may be high – ostracism by colleagues, victimisation by the employer, dismissal, informal blacklisting by other employers who fear taking on a “troublemaker”.’

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OUP Blog, 11th October 2014

Source: www.blog.oup.com

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Treasury ordered to pay £142,000 to ‘whistleblower’ former civil servant – The Guardian

‘The Treasury has been ordered to pay £142,000 to a former senior civil servant after refusing to carry out a previous tribunal’s ruling that he should be found another job.’

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The Guardian, 29th September 2014

Source: www.guardian.co.uk

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When Is Whistleblowing in the Public Interest? – No. 5 Chambers

Posted September 25th, 2014 in appeals, employment tribunals, news, public interest, whistleblowers by sally

‘Jack Feeny explores the new law in relation to protected disclosures following the Enterprise and Regulatory Reform Act 2013.’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

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Tax barristers should report colleagues who break rules, Davies says – Legal Futures

‘Tax barristers who have evidence of colleagues breaking the rules should report it to the Bar Standards Board (BSB), chief executive Dr Vanessa Davies has said.’

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Legal Futures, 12th August 2014

Source: www.legalfutures.co.uk

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